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Liability of legal entity for an administrative delict
Bazsová, Melinda ; Prášková, Helena (advisor) ; Adamec, Martin (referee)
The topic of this Master's thesis is the liability of legal entities for administrative delicts. With the adoption of Act No. 250/2016 Coll., on liability for administrative delicts and the proceedings thereon, the legal regulation of administrative delicts and misdemeanours has been unified under a single category, which is misdemeanours. This legislation thus includes both the regulation of delicts committed by natural persons and the regulation of delicts committed by legal persons. The aim of this thesis is to explain the prerequisites for the liability of legal persons for misdemeanours with regard to the specific nature of legal persons and to point out the close connection between the provisions of civil law (in particular the Civil Code) and the legal regulation of the liability of legal persons for misdemeanours under the Misdemeanours Act. The first chapter briefly introduces the sources of legal regulation of administrative punishment in general. The second chapter deals with the regulation of legal persons contained in private law, taking into account the liability of legal persons for offences. It analyses the status issues of legal persons, as well as the individual conceptual features of legal persons and addresses the issue of attributability of acts of natural persons to legal...
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Attribution of Conduct to a State according to Public International Law
Bruner, Tomáš ; Honusková, Věra (advisor) ; Faix, Martin (referee)
The thesis firstly describes how the concept of attribution of private conduct to a state changed during the history. Original ancient conception of collective responsibility was absolute. One could attribute to a State or ancient community any unlawful act of its members. The damaged country or community could choose whether to demand and accept reparation or resort to use of force. This conception changed in the late middle ages and modern times. The responsibility of state was made more subjective. The international relations were perceived as inter-personal relations among the sovereigns. Unlawful conduct of private persons was not attributed to those sovereigns. This subjective conception of responsibility prevailed; it was based on concept of fault of the sovereign, either in form of action or omission or negligence. Later, the attribution of conduct of the sovereign to a State widened and included also the attribution of conduct of state organs. Since the 19th century the responsibility has been gaining more objective character in certain areas of international law. The concept of diplomatic protection allowed attribution of a failure to guarantee certain standard and of a failure to protect the interests of foreigners on the territory of particular state. Another concept of due diligence prescribed...
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Responsibility for the United Nations peacekeeping operations.
Jarkovská, Michaela ; Bílková, Veronika (advisor) ; Balaš, Vladimír (referee)
Summary: Responsibility for the United Nations peacekeeping operations The purpose of this thesis is to analyze an issue whether the United Nations (UN) or troop contributing countries are responsible for the conduct of military contingents in the UN peacekeeping operations. The thesis focuses solely on UN-led operations and on peacekeeping forces - military troops contributed by member states in whole contingents, rather than as individuals. The reason for focusing on peacekeeping forces is their unique hybrid legal status. While they remain in the service of their states, they become for the period of their assignment international personnel under the authority of the UN. This thesis is composed of four chapters. Chapter one describes the meaning and the legal basis of peacekeeping operations and defines which types of operation are subject of the thesis. Second chapter deals with general rules governing international responsibility of states. Chapter three examines legal personality and responsibility of international organizations, in particular the UN. These two issues are closely related because for an entity to bear international obligations, it must first be established that the entity is a legal person. The fourth and crucial chapter addresses the specific issue of responsibility for a conduct of...
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Problems of criminal liability of legal etities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This master's thesis is concerned with an issue of criminal liability of legal entities. Emphasis is put on the czech legislation, more precisely on the act no. 418/2011 Sb., on Criminal Liability of Legal Entities and their Prosecution, that came into force on 1. 1. 2012. This act was adopted in response to the obligations under international law that are binding on the Czech Republic. The main aim of this thesis is to make its readers possible to get acquainted with the regulations of the establishment and termination of criminal liability of legal entities in the Czech Republic and to point out some problematic parts of the law. The thesis is divided into three parts. The first part deals with the general questions of criminal liability of legal entities, in particular with the historical development of such a conception, its possible models, definition of the legal entity and with the reasons for and against criminal liability. The second and the most extensive part of this thesis is dedicated to the analysis of the current Czech legislation. It focuses attention on the issues concerning the scope of the Act, extent of the criminalization of corporations, requirements of the imputability of the criminal act to the corporation and concerning the issue of transferring criminal liability to the...
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Criminal Corporate Liability
Bohuslav, Lukáš ; Jelínek, Jiří (advisor) ; Záhora, Jozef (referee) ; Sváček, Jan (referee)
The Criminal Corporate Liability The definition of legal person is not outlined in criminal law, but can be found in Section 18, Subsection 2 of the Civil Code. Corporate criminal liability is then a concept that has been newly introduced to the Czech statutory criminal law, what has caused a certain intrusion of the system of basic principles of criminal law, mainly the principle of individual criminal responsibility. The term "imputability" appears, which means that a conduct of agents or other persons designated in the Act on Criminal Liability of Legal Persons and Proceedings Against Them (further as "the Act") can be imputed to a legal person, if the physical person is culpable for the conduct and the conduct causes imputability of the criminal offence to the legal person. Intensive discussions on necessity and suitability of implementation of the concept of corporate criminal liability into the Czech legal system had preceded the adoption of the Act in 2011. Such discussion can now be considered as overcome, as it is obvious that the Czech Republic has opted for the direction towards the "true" corporate criminal liability. Arguments for and against the adoption of the Act can nevertheless help to better understand the concept itself, as well as the context in which it has been introduced. It...
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The concept of imputability of a crime to a legal entity
Němeček, Jakub ; Mulák, Jiří (advisor) ; Šelleng, Dalibor (referee)
The submitted diploma thesis focuses on the area of criminal liability of legal entities, which is not only the most controversial area, but also represents the very core of the Act on criminal liability of legal entities. The aim of this work is a detailed analysis of the positive legal regulation of imputability of a crime to a legal entity, focusing on confrontation of provisions concerning the possibility of exculpation, especially section 8(5) of Act No. 418/2011 Coll., with the fundamental principles of substantive and procedural criminal law. Introducing the topic, the concept of legal entity is defined, then the arguments for and against the adoption of criminal liability of legal entities are presented, as well as models of criminal liability of legal entities. At the end of the first chapter, the issue of the scope of criminalization is analyzed. The second chapter is devoted to the positive condition of imputability of a crime to a legal entity. This includes not only the very structure of imputability, but also the individual persons whose acts can be imputated to the legal entity. Furthermore, the following chapter focuses on the negative condition of imputability, i.e., the exculpation, or non-imputation of the crime to a legal entity. The provision regulating exculpation is subject...
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Criminal Liability of Legal Entities
Šelleng, Dalibor ; Jelínek, Jiří (advisor) ; Ivor, Jaroslav (referee) ; Bohuslav, Lukáš (referee)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
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Criminal Liability of Legal Entities
Bureš, Richard ; Bohuslav, Lukáš (advisor) ; Tejnská, Katarína (referee)
In the thesis titled Criminal Liability of Legal Entities, the author focuses on the introduction of a relatively new institute (set of laws) of Legal Entities' criminal liability. This was introduced into the Czech legal system by Act No. 418/2011 Coll. on Criminal Liability of Legal Entities and proceedings against them taking effect from 1st January 2012. The whole thesis is divided into 13 chapters, in which the topics related to the regulation of Criminal Liability of Legal Entities are discussed in detail. An emphasis is placed primarily on the substantive aspects of the Act on Criminal Liability of Legal Entities ("the Act"). The beginning of the work describes historical development of the institute of Criminal Liability of Legal Entities in continental Europe and countries governed by common law. Subsequently the thesis focuses on the adoption of the Act in the Czech Republic. Czech Republic is among one of the last countries in the European Union to adopt the Act. The thesis also focuses on the analysis of the basic substantive provisions of the Act. Furthermore, the author elaborates on the extent of criminalization of the Legal Entitys' actions, the institute of imputability of a criminal offense to a legal entity or the possibility of depriving a legal entity of criminal liability. The...
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Prerequisites for damage compensation liability
Kudláček, Michael ; Šustek, Petr (advisor) ; Thöndel, Alexandr (referee)
This rigorous thesis deals with the delict law sector which concerns prerequisites under which the infringer has the obligation to compensate the damage to the aggrieved. The damage must occur under the causal relation with the illegal act of the infringer which must usually be also based on fault. Main chapters copy these basic prerequisites of this thesis. The basis of this content can be found in the civil code. As wrongful is regarded such act that contradicts the law and order norms. In the civil code context it applies mainly to the breach of good manners, absolute right infringement, protective rules violation, as well as breach of contract. The mutual relation between act and consequence must be connected with a causal link. This prerequisite splits into two relatively independent parts, thus factual (causality) and legal (imputability). Causality stems from natural patterns of existence and tries to describe them. The condition theory (conditio sine qua non) is dominant here and according to it, causal connection is present between a particular act and consequence when the consequence would not have arisen but for the act. Imputability deals with a concrete case by the method of justice and political consideration. The means which help to find out imputability, are the adequacy theory and...
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Criminal Liability of Legal Persons
Hainz, Filip ; Jelínek, Jiří (advisor) ; Heranová, Simona (referee)
Title of the Diploma Thesis: Criminal Liability of Legal Persons Abstract: Through this diploma thesis, the author presents a comprehensive summary of the phenomenon of criminal liability of legal persons, to the individual contexts of which presents his considerations. He discusses this phenomenon from many points of view, which correspond to the structure of his diploma thesis, as it forms its individual parts. These aspects are the legal theoretical background of this issue; the historical development of the phenomenon, including common law and civil law culture; legislative developments in the Czech Republic; positivist analysis of the applicable substantive legislation contained in Act No. 418/2011 Coll., On Criminal Liability of Legal Entities and Proceedings against them; a comparative analysis of the substantive legislation of the Czech and Slovak Republic and the subsequent summarization of the application of this new form of liability in the practice of the Czech courts. The stated goal of this diploma thesis is a comprehensive acquaintance with relevant aspects of this phenomenon, whereas focus of this diploma thesis is, in addition to the analysis of the valid substantive legislation of the Czech Republic in this area, especially on the above-mentioned comparative analysis of this legislation...
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