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Criminal proceedings against law entities
Jonák, Martin ; Pelc, Vladimír (advisor) ; Tejnská, Katarína (referee)
Criminal proceedings against law entities Summary The Act no. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them came into force on 1st January 2012. Up until that point the legal entities could not have been prosecuted for crimes, because we had only personal liability in our country. The purpose of this diploma thesis is to research the procedural part of Act no. 418/2011 Coll., the criminal liability of legal entities and proceedings against them in more detailed way, especially discuss the specific differences in criminal procedure against legal entities, which differ from the general provisions in criminal procedure against natural persons. These specific differences contain provisions of provisional and protective measures, acts of legal entities, defense of legal entities and specific executions of punishments, which can be inflicted only to legal entities. This thesis mentions legal acts of international law, legal acts of European Union law and legal acts of national law. Moreover, the thesis contains references to articles and publications by notorious Czech criminal law experts, who research the problematics of the criminal responsibility of legal entities. This thesis includes some important judicial decisions, which were issued and are related to criminal...
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Criminal proceedings against legal entities
Novotná, Eva ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
This diploma thesis discusses the criminal proceedings against legal persons. The main idea of this diploma thesis is to describe single juridical institute of criminal procedure which is specific for proceedings against legal persons. For better understanding is necessary to find and understate all the sources of law. The primary authorities which will be used in the criminal proceedings are above all Act of Criminal Procedure against Legal Persons, Rules of Criminal Procedure and also Constitution of the Czech Republic and Charter of Fundamental Rights and Freedoms. It is also important to looking the sources at international level. Fundamental source is European Convention on Human Rights. The thesis deals with institutes of criminal law specific for legal entities, like imputability, a person committing a crime or enumeration of criminal acts for which can be affected legal entities. The main chapter contains analysis of each section from special part of Act of Criminal Procedure against Legal Persons. Subchapters discuss some of elemental principles in criminal proceedings as local jurisdiction in criminal proceedings and principle of joint trial of a criminal case, then provisional and protective measures, procedure for the cancellation, termination and conversion of the legal entity during...
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