Relation between Administrative and Criminal Offenses Abstract This thesis deals with the analysis of the relation between two public offenses; administrative offenses as delicts of administrative law to criminal offenses as delicts of criminal law. The thesis introduces the historical development in the Czech lands, illustrating the origin of the division of offenses of public law and its gradual transformation over time. The chapter on history concludes with the description of the models of relation between administrative and criminal offenses which have arisen in civil law over the course of history. It is followed by an analysis of the conceptual features of offenses de lege lata, in which the definition of an administrative offense is compared to the definition of a crime. The main topic of the thesis is the boundary between administrative offenses and criminal offenses, which compares the current legal regulation with the theoretical basis and further analyses the aspects of the division of public-law offenses with the indication of alternative possibilities of this division. The thesis also looks at criminal records and the influence of European Union law in determining the boundary between offenses and crimes. Furthermore, the thesis deals with the comparison of administrative and criminal...

1 Proceeding on administrative offences of legal persons in first instance Abstract: The administrative law represents wide and significantly fragmented area of the law system. There is no doubt the part of administrative law are also rules of administrative punishment including the corresponding procedural regulation. This thesis provides the basic analyses of selected aspects of the legal regulation of the proceeding on administrative offences of legal persons in first instance affective in Czech Republic. The basic source of law in this area is Act no. 250/2016 Coll., on the responsibility for administrative offences and on procedure on it, as amended (in this thesis also referred only as "act on administrative offences"). However, that act is not the only on regulation governing the proceeding on administrative offences. The special partial regulation of proceeding on administrative offences may be basically found in all acts within the area of administrative law which rule the administrative offences. This shall be not considered as exclusive mark of administrative law. The fragmentation, however not so significant is also present in the criminal law. Under the section 5 of the act on administrative offences as the administrative offence shall be understood socially harmful unlawful act which is as...

This thesis is focused on the proceedings on the administrative offenses of artificial persons in the first instance, particularly on the peculiarities resulting from the nature of the proceedings, the subject of which is a criminal charge in the meaning of Art. 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the accused person that is a fictitious artificial person. The thesis is divided into eight chapters. The first chapter deals with differences between the administrative and the court offenses, their classification and subsuming under the term "criminal charge" pursuant to Art. 6 of the Convention as interpreted by the European Court of Human Rights and national courts. In the second chapter, author provides insight into the principles of administrative law and administrative proceedings which are in each case interpreted in the light of the proceedings on administrative offence of the artificial person; attention is also paid to appropriate and necessary modifications of the principles. At the end of this chapter, the principles primarily applied with regard to criminal procedural law are analyzed. These principles must be applied per analogiam within the proceedings on administrative offence due to their absence in the Administrative Code. In the third...

Ministry of Health Decision Practice in the area of Administrative Offences according to The Act on Pharmaceuticals Key Words: Medicinal Products, Administrative Offence, Ministry of Health In the first chapter of this master thesis I dealt with the general issue of administrative offences. I also introduced the Act on Pharmaceuticals and explained the fundamental term "a pharmaceutical," which includes medicinal products and active substances. The state administration is provided by State Institute for Drug Control which adjudicates in administrative offences in the first instance, and Ministry of Health that hears appeals against these decisions. In the second chapter, there is interpreted a material law part of the Act on Pharmaceuticals. I also introduced the elements of administrative offences, responsibility for them, sanctions, speciality and subsidiarity, analogy within the administrative sentencing etc. The third chapter is dedicated to procedural matters concerning the Act on Pharmaceuticals. The whole procedure starts with a control of an operator. If he/she does not abide the relevant rules of law, State Institute for Drug Control will initiate an administrative procedure and after finding necessary facts this institution renders a meritorious decision. If the operator was not satisfied...

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-01-10T11:28:25Z No. of bitstreams: 1 Ricardo Camarotta Abdo.pdf: 1138723 bytes, checksum: 4a33cab6fb873cc90f5c9f418ea5dd31 (MD5) / Made available in DSpace on 2017-01-10T11:28:25Z (GMT). No. of bitstreams: 1 Ricardo Camarotta Abdo.pdf: 1138723 bytes, checksum: 4a33cab6fb873cc90f5c9f418ea5dd31 (MD5) Previous issue date: 2016-12-05 / The present dissertation aims to analyze the institute of the leniency agreement, as established in the Law nº 12.846, of August 1, 2013, also known as the Brazilian Clean Company Law, and its framework as a contemporary measure of the public administration by consensus, not mandatory. For such purpose, we will initially analyze some basic concepts to establish assumptions for the development of this work. Later on, we will analyze the Clean Company Act Law as a whole. Finally, and doing so, we will focus on the analysis of the leniency agreement encompassing its main aspects and controversial issues linked to the institute / O objetivo desta dissertação é analisar o instituto do acordo de leniência, previsto pela Lei nº12.846, de 1º de agosto de 2013, também denominada de Lei Anticorrupção Brasileira, bem como o seu enquadramento como uma modalidade de atuação contemporânea da Administração Pública de forma consensual, não imperativa. Para tanto, analisaremos, inicialmente, noções fundamentais necessárias ao estabelecimento de premissas para o desenvolvimento deste trabalho. Posteriormente, será feita uma contextualização da Lei Anticorrupção e, por fim, adentraremos à análise do acordo de leniência, com foco em seus principais aspectos e questões polêmicas inerentes ao tema

Adequacy of penal sanction: Comparison of punishing traffic criminal offences and decumbent traffic administrative offences committed under influence of addictive substances in Czech and Slovak republic. Master's Thesis Michal Mikuš Summary. This thesis makes survey on a punishing adequacy of traffic offences committed under influence of alcohol and the other addictive substances. The theoretical basis, that knowledge is necessary prerequisite for reviewing punishing adequacy, like theories of punishment, purpose of punishment and a principle of adequacy, are in the theoretical part of the thesis. In the special part of the thesis is comparison of valid and effective law in the Czech and Slovak Republic. The practical part of the thesis is composed of an analysis of decisions delivered by the County Traffic Inspectorate Banská Bystrica, County Traffic Inspectorate Bratislava I., Banská Bystrica County Court, Bratislava I. County Court, City Hall of Zlín, City Hall of Prague, Zlín County Court and the Prague 2 Circuit Court. The analysis is composed not only of punishment adequacy review, but also of the all substantive and procedural deficiencies, that occurred in the decisions of particular state's body. At the end is provided comparison of analysis outcomes, which stemmed from decisions of national...

1 Abstract - Administrative penalties and protection measures Description of all administrative penalties and protection measures is the primary goal of this thesis. Due to wide extent of chosen subject, this work aims to individual categories of administrative penalties and protection measures, examines every single condition for its imposition a notices possible contradiction within legislation. The thesis does not include the criteria for imposing penalties, noticed set from section 37 till section 44 Contraventions Act which serve as instruments for determination and length of penalties. Concurrence of contraventions is also not included. In the opening chapter the definition and description of an administrative liability is described as well as basic issues of administrative penalization, considered to be a part of administrative authority's activity. The resemblance of principles of criminal and contravention law is described, that leads to using the same principles either in criminal and contravention law. There's explored what basic sources of administrative penalization are. Each of following chapters describes one of the penalties set in section 35 Contravention Act. Every chapter begins with general description of the penalty and then depicts its main purpose for which it is imposed. Then...