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Protection of environment in criminal law
Gříbková, Andrea ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The final thesis is focused on the environmental protection in the Czech republic in the field of criminal law. Chapters are concentrated on the explanation of the basic elements, relations and principles for better orientation in the issue of criminal law environmental protection (Chapter 2). It also analyzes the evolution of the environmental protection in the Czech republic, in the European Union and on the international level in general (Chapter 3). The final thesis is mostly focused on the subject of the substantive criminal law (Chapter 4). The elements of a crime are defined and analyzed. Furthermore the attention is directed towards a criminal liability and sanctions in case of a violation of the environmental protection rules covered by criminal law justice. In its final chapter, the thesis concentrates on the procedural part of the criminal law (Chapter 5).
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Protection of the Environment through Criminal Law
Bejčková, Pavla
The main goal of the thesis is to answer the question, whether the current Czech criminal legislation enables effective punishment of serious environmental offences and ensures the enforcement of rules on environmental protection in a more efficient way than administrative sanctions. Protection of the environment through the criminal law can be traced in the Czech Republic back to 1980s. However, criminal law has until now played only marginal role in the sanctioning of offences against the environment. Majority of environmental offences are prosecuted in administrative procedures. Since 1990s the international community and later also the EU have discussed the need to pursue a harmonised criminal policy aimed at the protection of the environment. In case of serious environmental violations criminal law penalties are perceived as a more effective and appropriate measure than administrative penalties. Despite the fact that most of the potentially harmful activities are strictly regulated by both EU and national environmental law, environment continues to be threatened by pollution and excessive exploitation and environmental rules are being breached. The most serious environmental crimes are related to waste management, trade in endangered fauna and flora species and discharge or emission of...
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Criminal Law Protection of the Environment
Kříž, Jan ; Sobotka, Michal (advisor) ; Stejskal, Vojtěch (referee)
Criminal Law Protection of the Environment The subject matter of this diploma thesis is the topic of criminal law protection of the environment in the Czech Republic. The main attention is paid to the current legal regulation of criminal offenses against the environment in the Criminal Code. In addition to a more detailed analysis of the individual criminal environmental offenses, the thesis deals with the basic theoretical background of the criminal law protection of the environment, with the issues of legal liability in the field of environmental law and with the comparison of criminal liability with administrative liability. Further is discussed the question of criminal liability of legal entities in connection with environmental protection and at last but not least is also described the historical development and current forms of individual international, European and national legal sources of criminal protection of the environment. Keywords: Environmental Protection, Criminal Liability, Environmental Crime
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Legal aspects of the criminal offence of poaching
Slobodník, Martin ; Vokoun, Rudolf (advisor) ; Bohuslav, Lukáš (referee)
The purpose of this thesis is to provide a detailed analysis of a relatively narrow issue belonging to the criminal law, namely the criminal offence of poaching. The key part of this work examines the merits of § 304 of the Act no. 40/2009, The Criminal Code, and focuses also on its systematic inclusion in the head VIII, called Crimes against the Environment, constituting a part of the special section of the aforementioned code. I attempt to gather the existing conclusions of the doctrine as well as the jurisprudence and to present them in an organized way. I also endeavour to critically assess a number of selected passages and to add my own reflections. In addition, several practical examples are briefly highlighted in order to enrich this work. This thesis will be divided into four main chapters - the Introduction, the Poaching legislation de lege lata, the Poaching legislation de lege ferenda and the Conclusion. Regarding the introduction, the reasons which led me to choose and critically analyse this socially negative phenomenon are shortly outlined. Furthermore, I explain my view of poaching as a long-lasting problem in our society. With respect to the chapter dealing with the poaching legislation de lege lata, it forms the main part of this thesis. Firstly, I aim to consistently categorize...
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Protection of environment in criminal law
Gříbková, Andrea ; Humlíčková, Petra (advisor) ; Stejskal, Vojtěch (referee)
The final thesis is focused on the environmental protection in the Czech republic in the field of criminal law. Chapters are concentrated on the explanation of the basic elements, relations and principles for better orientation in the issue of criminal law environmental protection (Chapter 2). It also analyzes the evolution of the environmental protection in the Czech republic, in the European Union and on the international level in general (Chapter 3). The final thesis is mostly focused on the subject of the substantive criminal law (Chapter 4). The elements of a crime are defined and analyzed. Furthermore the attention is directed towards a criminal liability and sanctions in case of a violation of the environmental protection rules covered by criminal law justice. In its final chapter, the thesis concentrates on the procedural part of the criminal law (Chapter 5).
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Protection of the Environment through Criminal Law
Bejčková, Pavla ; Damohorský, Milan (advisor) ; Stejskal, Vojtěch (referee) ; Pekárek, Milan (referee)
The main goal of the thesis is to answer the question, whether the current Czech criminal legislation enables effective punishment of serious environmental offences and ensures the enforcement of rules on environmental protection in a more efficient way than administrative sanctions. Protection of the environment through the criminal law can be traced in the Czech Republic back to 1980s. However, criminal law has until now played only marginal role in the sanctioning of offences against the environment. Majority of environmental offences are prosecuted in administrative procedures. Since 1990s the international community and later also the EU have discussed the need to pursue a harmonised criminal policy aimed at the protection of the environment. In case of serious environmental violations criminal law penalties are perceived as a more effective and appropriate measure than administrative penalties. Despite the fact that most of the potentially harmful activities are strictly regulated by both EU and national environmental law, environment continues to be threatened by pollution and excessive exploitation and environmental rules are being breached. The most serious environmental crimes are related to waste management, trade in endangered fauna and flora species and discharge or emission of...
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