|
|
Criminal liability and sanctioning of legal entities in the Czech Republic
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
The substantive legal issues of the criminal liability and sanctioning of legal entities in the Czech Republic under the Act No. 418/2011 Sb., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act") that came into force on January 1, 2012 are the subject matter of this thesis. Even after four years of the effect of the Act the institute of criminal liability of legal entities still represents a very discussed and recent topic. The aim of this thesis is to analyze the chosen substantive provisions of the Act with respect to the their strengths and weaknesses. This rigorosum thesis is divided into four parts. The first part is concentrated on the arguments for and against the adoption of the Act, concepts of liability of legal entities, new principles of the criminal law and systematics of the Act. The second part deals with the scope of the Act, conditions of the criminal liability of legal entities, especially with the imputability and the possibilities of exculpation by virtue of compliance measures. The end of the second part pays attention to the transition of the criminal liability of legal entity on its legal successors and the issue of disappearance of the criminal liability of legal entities. The third part contains analysis of the sanctioning of...
|
|
|
Sanctioning of legal persons
Volek, Václav ; Tlapák Navrátilová, Jana (advisor) ; Herczeg, Jiří (referee)
77 6 The topic of this thesis is one of the esential segments of corporate criminal lability, sanctioning of legal persons. Corporate criminal lability was incorporated to czech legal order by by the Act No. 418/2011 Sb., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), that came into force on 1. 1. 2012 and ever since penal sanctions can be imposed on legal persons. Main goals of the thesis are to introduce the theme to readers and critical evaluation of sanctioning in the Act. The first chapter deals with general questions of corporate criminal lability and explanation of basic condions of the criminal lability. There are also mentioned the main issues of possibility of attribution of a criminal act to a legal entity. The second charter is dedicated to sanctioning of legal persons in general. The chapter analyzes basic differences between sanctioning of legal persons and natural persons, that cause modification of purpose and principles of sanctioning of legal persons. It also covers different approaches in variability of sanctions in legal orders of european countries. The third, most important, chapter analyzes each particular sanction under the Act. It points out defects of the sanctioning and there are also mentioned critical comments of legal...
|
|
|
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...
|
|
|
Sanctioning of legal entities
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fenyk, Jaroslav (referee)
Abstraktv anglickém jazyce The subject matter and aim of this thesis is to analyse the positive criminal law regulation of sanctioning of legal entities in the light of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), its critical assessment and possible de lege ferenda suggestions. As a result, this thesis can be perceived as a comprehensive assessment of issues related to sanctioning of legal entities in the Czech Republic. The dissertation thesis is divided into eleven parts. The first part takes into account the international legal aspects of corporate liability, the concept of criminal liability of legal entities, arguments for and against the adoption of the Act and the legislative process leading to the adoption of the Act. Issues related to sanctioning of legal entities are dealt with in parts 2 to 11, which at the beginning discuss the basic terms of sanctioning, then analyse individual punishments and protective measures which can be imposed on legal entities, then also analyse abandonment of punishment, enforcement of punishments and effacement of conviction. Particularly interesting is the eighth part, which in addition to the treatise on the Criminal Register contains statistical overviews of the current application...
|
|
|
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...
|
|
|
Sanctioning of legal entities
Gvozdek, Filip ; Jelínek, Jiří (advisor) ; Bohuslav, Lukáš (referee) ; Fenyk, Jaroslav (referee)
Abstraktv anglickém jazyce The subject matter and aim of this thesis is to analyse the positive criminal law regulation of sanctioning of legal entities in the light of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), its critical assessment and possible de lege ferenda suggestions. As a result, this thesis can be perceived as a comprehensive assessment of issues related to sanctioning of legal entities in the Czech Republic. The dissertation thesis is divided into eleven parts. The first part takes into account the international legal aspects of corporate liability, the concept of criminal liability of legal entities, arguments for and against the adoption of the Act and the legislative process leading to the adoption of the Act. Issues related to sanctioning of legal entities are dealt with in parts 2 to 11, which at the beginning discuss the basic terms of sanctioning, then analyse individual punishments and protective measures which can be imposed on legal entities, then also analyse abandonment of punishment, enforcement of punishments and effacement of conviction. Particularly interesting is the eighth part, which in addition to the treatise on the Criminal Register contains statistical overviews of the current application...
|
|
|
Sanctioning of legal persons
Kratochvílová, Kateřina ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Sanctioning of legal persons Abstract This thesis focuses on criminal responsibility of legal persons, with an emphasis on sanctioning. The thesis examines the Act No. 418/2011 Coll., On Criminal Liability of Legal Persons and the Proceedings against them (hereinafter as "the Act"). Further it evaluates how is the Act applied by the courts and what are the problems resulting from the application of the Act, with focus on sanctioning. The thesis further proposes ideas for improvements, including changes in legislation de lege ferenda. The diploma thesis consists of three parts. In the first part the author addresses the basic concepts of criminal responsibility of legal persons, its roots in foreign and international law, and the development of the concept in the Czech Republic. This part further describes the basic institutes of corporate criminal liability, including imputability of criminal act to the legal person, followed by explanation of the concept of exculpation and related case law. Part Two focuses on sanctioning of legal persons from the theoretical perspective. It addresses the basic institutes of sanctioning of legal persons, the purpose and the principles of sanctioning, followed by the analysis of each sanction included in the Czech Act on Criminal Liability of Legal Persons and the...
|
|
|
Sanctioning of adolescents - comparative study
Budayová, Lucie ; Jelínek, Jiří (advisor) ; Gřivna, Tomáš (referee) ; Kalvodová, Věra (referee)
The thesis focuses on the issue of sanctioning juveniles in the Czech Republic according to the Act No. 218/2003 Coll. on the criminal responsibility of juveniles and jurisdiction of juveniles (hereinafter referred to as the "Juvenile Justice Act"). The aim of the thesis is to analyze the Czech legal regulation of sanctioning juveniles, compare it with foreign legal regulations, evaluate the knowledge from application practice and find out the frequency of use of individual institutes with regard to the extent of application of restorative justice elements. It compares various periods of the development of legislation in this area in the Czech lands and focuses on circumstances and reasons for adopting the Juvenile Justice Act. It examines whether the system and types of sanctions, as well as other solutions to criminal matters of juveniles, which the legislator has regulated in Juvenile Justice Act, correspond to the needs of juveniles and whether it can truly represent an effective solution to their situation and at the same time effectively protect society. It analyzes in detail the various possible ways of responding to offenses committed by juveniles, critically evaluates them and compares them to responses to adult offenders. It also apprises readers of an analysis of the frequency of use of...
|
|
|
Sanctioning of legal persons
Peroutka, Josef ; Bohuslav, Lukáš (advisor) ; Vokoun, Rudolf (referee)
Sanctioning of legal persons Abstract The thesis Sanctioning of legal persons consists of seven parts. Th first part of the thesis deals with the theme of international and European sources of law of the criminal liability of legal persons. Furthermore, there is cited history of criminal liability of legal persons abroad and further in the Czech Republic since the end of 20th century to present. The second part of the thesis comprises explanation of the basic instruments of Czech Act on Criminal Liability of Legal Persons like personal scope, range of criminalization of behaviour of legal persons and imputability of the behaviour of individuals to criminal liable legal person. The third part of the thesis comprises general explanation of sanctioning of legal persons and availability of usage of some legal institutes comprised in Czech Criminal Code against legal persons. The fourth part encompasses each single legal sanction comprised in the Third part of the Act on Criminal Liability of Legal Persons. The fifth part of the thesis encompasses explanation of so-called diversions in criminal proceedings against legal persons. In the sixth part there is an insight into selected foreign legislations of criminal liability of legal persons. The seventh part of the thesis encompasses statistical details of the...
|
|
|
The selected problems of juvenile justice
Stojanová, Klára ; Galovcová, Ingrid (referee)
Název diplomové práce v anglickém jazyce, abstrakt v anglickém jazyce a klíčová slova Title of the thesis: The selected problems of juvenile justice Abstract This diploma thesis deals with the issue of criminal punishment of juveniles in the context of law and psychology in order to focus on the problematic areas of legal regulation, evaluate those areas and present proposals de lege ferenda in this context. The thesis is divided into three consecutive chapters. The first chapter deals with the selected legal regulation of the juvenile justice, especially with the emphasis on sanctioning the youth. More specifically, this chapter focuses on the models of dealing with delinquent youth, the principles of sanctioning juveniles, the sanction system, the problem of sanctioning of children under the age of 15 and the question of the age limit of criminal responsibility and its determination. At the end of the chapter the statistical data, which relate to the above-mentioned institutes, are presented. The second chapter is devoted to the psychological aspects of the juvenile justice. Within the framework of this chapter are gradually described selected basic issues of developmental psychology. In particular, the thesis deals with the general characteristics of the relevant development periods of the individual and...
|
guest ::
