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Criminal Liability of Legal Persons
Marešová, Adéla ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Criminal liability of legal persons Abstract The author of the thesis deals with the issue of criminal liability of legal persons, from the position of her advocate. The purpose of the study is to stress the need to introduce this institute into the legal systems of democratic states, but at the same time to deal with the problems brought by its Czech substantive law. In the first part of the thesis the author discusses the legal aspect of criminal liability of legal persons, summarizes opinions for and against the introduction of criminal liability of legal persons, and examines the criminological aspects of corporate crime. The second part of the thesis focuses on the differences, advantages and disadvantages of three basic models of criminal liability of legal persons - true, false and administrative. The author commends that the Czech Republic has proceeded to introduce true criminal liability of legal persons. The third part explains the term legal person itself. In the pivotal fourth part of the thesis, the author deals critically with the individual substantive provisions of the Czech law implementing the criminal liability of legal persons and proposes a solution de lege ferenda. The last part evaluates the whole issue using statistical data on the number of convicted legal persons in the Czech...
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Criminal Liability of Legal Persons
Marešová, Adéla ; Jelínek, Jiří (advisor) ; Vanduchová, Marie (referee)
Criminal liability of legal persons Abstract The author of the thesis deals with the issue of criminal liability of legal persons, from the position of her advocate. The purpose of the study is to stress the need to introduce this institute into the legal systems of democratic states, but at the same time to deal with the problems brought by its Czech substantive law. In the first part of the thesis the author discusses the legal aspect of criminal liability of legal persons, summarizes opinions for and against the introduction of criminal liability of legal persons, and examines the criminological aspects of corporate crime. The second part of the thesis focuses on the differences, advantages and disadvantages of three basic models of criminal liability of legal persons - true, false and administrative. The author commends that the Czech Republic has proceeded to introduce true criminal liability of legal persons. The third part explains the term legal person itself. In the pivotal fourth part of the thesis, the author deals critically with the individual substantive provisions of the Czech law implementing the criminal liability of legal persons and proposes a solution de lege ferenda. The last part evaluates the whole issue using statistical data on the number of convicted legal persons in the Czech...
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