Disertační práce Právnická fakulta, Univerzita Karlova v Praze 1 SUMMARY The purpose of my dissertation Delictual Liability of Legal Persons within Environmental Protection is to obtain a correct idea of how the legislation on the corresponding materia de lege ferenda should be examined. This requires to summarize, analyse and evaluate national regulations in force of delictual liability of legal persons within environmental protection as well as to compare some aspects of national regulations in force of delictual liability of legal persons with corresponding foreign regulation. A significant part of threats and damage to the environment comes from the activities of legal persons. A percentage of legal persons responsible for unlawful impairment and endangering of the environment increases significantly. Establishing legal persons is often associated with the effort of individuals to avoid liability for criminal activity by committing illegal activities through a legal person. Crime in the area of environmental protection is often perpetrated by criminal organizations with a strong financial background. For these organizations particularly the illegal trade in waste is very attractive because it is less risky than, for example drug or arms trafficking. Activities that prevent environmental pollution or...

L’oggetto specifico della ricerca è costituito dalle previsioni legislative sulla responsabilità degli enti collettivi per i reati di omicidio colposo e lesioni colpose commessi con violazione delle norme sulla tutela della salute e sicurezza del lavoro. L’indagine analizza la novità normativa in questione, alla luce delle previsioni del t.u. 81/2008, nel quadro generale della responsabilità penale in materia di salute e sicurezza del lavoro e della responsabilità da reato dell’ente. A tale fine, individuato il problema “empirico” degli infortuni sul lavoro e delle malattie professionali e il potenziale criminogeno degli enti collettivi e focalizzata l’attenzione sulle risposte giuridiche invalse in Inghilterra, Francia e Spagna, partendo dall’analisi della responsabilità individuale per i reati di omicidio e lesioni sul terreno della sicurezza del lavoro si procede alla disamina dei rapporti fra i reati presupposto di cui all’art. 25 septies e i criteri generali d’imputazione della responsabilità dell’ente e ad un’analisi specifica dei modelli di organizzazione in materia di sicurezza del lavoro. Infine, vengono tracciate possibili linee di evoluzione del sistema di tutela della salute e della sicurezza del lavoro e dell’assetto della responsabilità da reato dell’ente, anche avendo riguardo alle proposte di legge di modifica del d.lgs. 231/2001. / The research specifically focuses on the statutory provisions on corporations’ liability for offenses of manslaughter and unintentional injuries committed in breach of the rules on protection of work health and safety. The survey analyses the new legislation in this area, in light of the provisions of Italian t.u. 81/2008, within the framework of criminal liability in work health and safety and the related corporate accountability. To this end, having identified the "empirical" problem of work accidents and diseases and the criminal potentiality of corporate bodies, and based on the assessment of the legal responses formulated in England, France and Spain, the research - starting from the analysis of individual liability for crimes of homicide and injury in the field of work safety – proceeds, on one hand, to consider the relationship between the offenses referred to in article 25 septies and the general criteria of attribution of corporate responsibility; on the other, to specifically analyse the business models in the field of work safety. Finally, the research draws the possible trends of development of the health protection and work safety system, and of the legal regime of corporate liability arising out from offenses; in this respect, the statutory proposals for amending the D.Lgs. 231/2001 are also taken into account.

Text in Afrikaans / Fraud is a worldwide phenomenon that is on the increase and a reason for serious concern. It is a priority crime in South Africa with serious implications both financial and socially. Fraud costs this country R150 milliard, almost three times the cost of the controversial weapon transaction. This was the goals of the researcher to determine what motivates the offender to commit fraud and how can fraud be explained in this study. A qualitative approach was followed due to the qualitative nature of the concept motivation. This resulted in a two-phase approach namely a documentary study, which was followed by interviews with experts in the field of fraud. Ten pre-sentence court reports of fraudsters were studied where after the outcome was discussed with these experts. The criminal event model served as framework for this study. Strain was incorporated as an additional component in the explanation of fraud. / Criminology / M. A. (Criminology)

Text in Afrikaans / Fraud is a worldwide phenomenon that is on the increase and a reason for serious concern. It is a priority crime in South Africa with serious implications both financial and socially. Fraud costs this country R150 milliard, almost three times the cost of the controversial weapon transaction. This was the goals of the researcher to determine what motivates the offender to commit fraud and how can fraud be explained in this study. A qualitative approach was followed due to the qualitative nature of the concept motivation. This resulted in a two-phase approach namely a documentary study, which was followed by interviews with experts in the field of fraud. Ten pre-sentence court reports of fraudsters were studied where after the outcome was discussed with these experts. The criminal event model served as framework for this study. Strain was incorporated as an additional component in the explanation of fraud. / Criminology and Security Science / M. A. (Criminology)