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Human rights of legal persons according to the ECHR
Veverka, Josef ; Tymofeyeva, Alla (advisor) ; Balaš, Vladimír (referee)
The diploma thesis deals with the issue of human rights of legal persons according to the ECHR. In addition to natural persons, legal persons are holders of fundamental rights and freedoms. These rights are so important that they are worthy of protection, not only at national level, but also at regional and universal level. For 47 European countries, the protection of fundamental rights and freedoms is ensured by an international organization called the Council of Europe. Within the Council of Europe, there is a European Court of Human Rights established under the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950. Natural persons and, where the nature of the fundamental rights and freedoms set out in the Convention and its protocols allow, also legal persons lodge complaints with this court. Using a descriptive, comparative, and analytical method, this thesis aims to comprehensively present the legal person in the role of an individual applicant to the ECtHR, paying special attention to the case-law of the ECtHR, specifically judgments on legal persons' applications against the Czech Republic. The work is divided into three parts. The first part deals with the concept of a legal person as such, while further describing its role as an individual applicant to the ECtHR,...
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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...
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Administrative delicts committed by legal entities
Brandová, Tereza ; Prášková, Helena (advisor) ; Handrlica, Jakub (referee)
Topic of my diploma thesis is The Administrative punishment of legal persons. Lability of legal entities is considered to be very actual and controversial at the present time not only in the Czech republic, in connection with criminal law refom, but in the whole Europe. The solution of problematic question of effective sentencing legal persons and detering them from other illegal activities, has been a frequent issue of political profesional a nonspecialists discussion during the last ten years. This thesis describes czech system of public liability of legal entities, which is suffering from numerous imperfections. In the first chapter I define and specify administrative punishment and its basic principles, focusing on principle of humanity, principle of legality in its four forms (nulla crimen sine lege stricta, scripta, certa, praevia) and principle of subsidiarity of criminal repression. The following chapter is focused on administrative liability of legal person. The theory of legal persons as a mere fictions is obsolete and they are considered to be real and self-dependent legal subjects with potency to act. Unfortunatelly, very often they act unlawfully. The consequences of this conduct may often be huge and very difficult to restore. In this chapter I define legal entity, using civil and...
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The Criminal Means of Dealing with Organized Crime
Coufalová, Bronislava ; Jelínek, Jiří (advisor) ; Sváček, Jan (referee) ; Polák, Peter (referee)
Presented dissertation is devoted to the criminal means of dealing with organized crime. Recently the organized crime has undoubtedly belonged to the category of most serious problems that the individual countries, including the Czech Republic, have had to cope with especially in the field of legislature. In our country this phenomenon became more visible after the fall of the totalitarian regime when the borders were opened. This resulted in the boost in the activity of foreign criminal societies and domestic criminal societies consequently. However, at the beginning the Czech legislature did not take any serious action thus providing free space for the organized crime to establish itself in the Czech Republic. It was the intensive calls for an action that would react to the current situation which spurred the legislature to make several more or less crucial changes prevailing up to now. When dealing with the organized crime, the tools of criminal substantive as well as procedural law appear to be the most effective ones. The organized crime as the most serious type of group crime can be effectively dealt with only through specific criminal-law institutes and mechanisms which can adequately fight against this phenomenon as far as revealing the perpetrators, penalizing and finally destroying the...
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