Criminal Liability of Legal Entities in Health Care Abstract The submitted diploma thesis deals with the institute of criminal liability of legal entities in health care. The main objective of this thesis is to define all the requirements and essential elements of criminal responsibility of legal persons, especially healthcare providers. We also look into the most critical aspects of providing healthcare services in which a criminal offense may be committed. Concepts of criminal law are considered in the context of medical law. Thesis is divided into five main chapters. The first chapter focuses on conditions of criminal liability taking into account the specifics of the topic. Attention will also be paid to attributability of a crime to a legal person as well as to legal regulation in United Kingdom and France. In the second chapter we describe the most common circumstances excluding illegality in medicine. We particularly focus on medical intervention, research and experiment. These are not only accepted but also beneficial. The third chapter deals with the main concepts of medical law. If healthcare providers comply with related legal provisions, they significantly reduce the risk of committing an act against the law. Special emphasis is placed on lege artis procedure as an objective measurement of...

The submitted diploma thesis focuses on the area of criminal liability of legal entities, which is not only the most controversial area, but also represents the very core of the Act on criminal liability of legal entities. The aim of this work is a detailed analysis of the positive legal regulation of imputability of a crime to a legal entity, focusing on confrontation of provisions concerning the possibility of exculpation, especially section 8(5) of Act No. 418/2011 Coll., with the fundamental principles of substantive and procedural criminal law. Introducing the topic, the concept of legal entity is defined, then the arguments for and against the adoption of criminal liability of legal entities are presented, as well as models of criminal liability of legal entities. At the end of the first chapter, the issue of the scope of criminalization is analyzed. The second chapter is devoted to the positive condition of imputability of a crime to a legal entity. This includes not only the very structure of imputability, but also the individual persons whose acts can be imputated to the legal entity. Furthermore, the following chapter focuses on the negative condition of imputability, i.e., the exculpation, or non-imputation of the crime to a legal entity. The provision regulating exculpation is subject...

Title of diploma thesis in English language, abstract in English language and 3 keywords in English language Title of diploma thesis in English language: Criminal liability of legal persons Abstract in English language: In this diploma thesis, the author deals in more detail with the criminal liability of legal persons. Although Act No. 418/2011 Coll., On the criminal liability of legal persons and proceedings against them, has been in force for nine years, the topic of criminal liability of legal persons is still very topical and frequently discussed. Due to the fact that the legal regulation in this area is relatively extensive, the author focuses only on some institutes of criminal liability of legal persons, which she dealt with in more detail. The first part of this thesis covers private law, where the concept of legal person, the characteristics of a legal person and the characteristics of individual legal persons are approached. In this part of the thesis, the author points out in particular that a correct understanding of the concept of legal person is necessary for a proper understanding of the criminal liability of legal persons and the reasons that led to its entrenchment. In the second part, the author deals with individual arguments that are not only in favour but also against the introduction...

1 Criminal liability in healthcare with focus on an analysis of Czech and Slovak court rulings Abstract This master's thesis deals with the issue of criminal liability of healthcare workers. The aim of this thesis is to create a comprehensive overview of the Czech legislation of the relevant part of criminal law and individual institutes of medical law and to present related case law. Slovak legislation is used for comparison. The thesis consists of six parts, the first chapter is focused on the legal regulation of medical law and its international and national sources. It also deals with types of legal liability of healthcare professionals such as civil, labour, administrative and disciplinary liability. The second and one of the most extensive chapters approaches criminal liability and its necessary conditions. It describes the current concept of crime in more detail as well as the analysis of the necessity of the principle of subsidiarity of criminal repression. It also includes legal regulation of criminal liability of legal entities. The third chapter is dedicated to a cardinal concept - lex artis as an appropriate level of expertise, which contains a number of obligations that every healthcare worker must comply with. The process of proving criminal liability of medical workers in criminal proceedings...

The aim of the present thesis was to determine the problems of the current legislation of the criminal liability of legal persons and to consider whether it is possible to adopt the legislation as it is applied in England and Wales and use it into the legal order of the Czech Republic in compliance with the development of Czech legislation and England and Wales. Due to the extensiveness of the issue, only certain problematic parts of the legal order of the criminal liability of legal persons in the Czech Republic were selected. Attention was focused on the questionable parts selected only from the substantive part of the law. The approach to criminal liability of legal persons is diverse in the Anglo-American system. Variation can be seen at the level of individual states belonging to the system and at the federal and state levels. The first part of the thesis summarizes the development of the legal liability of legal persons in England and Wales, which were selected as the representatives of the Anglo-American system of legal culture. These countries were chosen because of the author's personal experience, which was gained during studies abroad, specifically in the United Kingdom. The first selected problem is the personal scope of the law, which is problematic due to the large range of persons to...

Selected issues of criminal liability of legal persons in the Czech Republic and in the Federal Republic of Germany Abstract In this diploma thesis, the author deals with the issue of criminal liability of legal persons in the Czech Republic and in the Federal Republic of Germany. The aim of the thesis is to define certain key issues of the legal regulation of criminal liability of legal persons in the Czech Republic and within them to analyze controversial points, including the proposal of possible options of de lege ferenda solutions. In this context, the thesis is also focused on a comprehensive treatise on the legal regulation of tortious liability of legal persons in the Federal Republic of Germany. The work consists of three chapters. The first chapter is devoted to the general definition of criminal liability of legal persons and its basic concepts, the historical development of criminal liability of legal persons within continental and Anglo-Saxon legal culture and international legal obligations of the Czech Republic arising from international treaties and European Union legislation. The second chapter focuses on the substantive legal regulation of criminal liability of legal persons in the Czech Republic, specifically on its basic characteristics, the scope of Act No. 418/2011 Coll., on criminal...

Criminal liability of Corporations Abstract Criminal liability of corporations is still a current topic of Czech legal theory and practice. In order to properly grasp this new institute within the Czech legal system, it is necessary to understand the very nature and basics of legal entities, their formation and further existence. Historically, legal entities have been perceived differently and a relatively complex legal-philosophical path has led to the inference of any liability for wrongdoings or torts. Although the criminal liability of corporations is not unknown to continental law, its decline during the 18th and 19th centuries has led to the disappearance of the legal continuity. That is why it may seem today that the introduction of direct criminal liability of corporations is something completely new and absolutely unknown to countries of continental legal tradition. In this work, the author presents a number of historical arguments as to why this is not the case and demonstrates that this institute was known throughout the legal systems throughout Europe. For a better understanding of the whole issue, the interpretation is guided from the very philosophical and legal-historical foundations of corporate theories, through their later development and finally to application by recent law. The core of...

Criminal aspects of assisted reproduction Abstract The work deals with one of the most dynamically developing medical disciplines - assisted reproduction, the introduction and development of their technologies are considered one of the greatest advances in medicine in the 20th century. The purpose of this thesis is to provide the consistent overview of criminal law relations which may arise within providing assisted reproduction and to analyze the individual facts of crimes related to assisted reproduction, which should verify whether their wording provides sufficient protection for relations, interests and values covered by the Criminal Code. The thesis is composed of six chapters. The first chapter presents the fields of criminal law and medical law and examines the relationship between criminal law and health care system. The second chapter lists the conditions of criminal liability of natural and legal persons and lists the ground establishing the absence of criminal liability. The third chapter defines the concept of assisted reproduction, characterizes its methods, provides a historical overview of events that preceded the current interpretation of the concept. The third chapter also provides an overview of the principles that apply in this field of medicine and a list of sources governing the issue....

1 ABSTRACT Criminal liability in public procurements The thesis deals with the criminal liability in public procurements. Public procurement is a very complex and organized activity, the criminal assessment of which, however, cannot reliably lead to satisfactory results on the basis of existing doctrine. The primary goal of this work is therefore to identify the roles and extent of criminal liability of individual actors in the decision- making process of public administration and on this basis to analyze which type of negotiations concerning public procurement may be punished under a special part of the Criminal Code. The importance of effective prosecution of criminal offenses relating to public procurement results from the fact that amount of funds in public procurement correspond to tenth of gross domestic product. For easier orientation of the reader, a formal structure was chosen so that, as far as possible, it comes as close as possible to the standard criminal law teaching on elements of a crime. Specifically, the chapters are divided into actions in public administration, its criminal relevance, the consequence in public administration, the subject, the subjective aspect, circumstances precluding illegality and finally to crimes related to public procurement. From the material point of view, the...

Indirect perpetration Abstract The topic of this diploma thesis is the analysis of an institute of indirect perpetration, which is one of many possible ways of committing a crime. Its essence lies in using other person who cannot be liable for his/her actions, also called an innocent agent or instrumentality. Such a person is controlled by an indirect perpetrator in the backround who must have double intentions towards committing a crime and also an abuse of a person who for some reason will not be held criminally liable. The reasons for staying out of criminal liability are enumeratively listed in the Criminal Code and include the lack of age, insanity, mistake, emergency, necessity and other defenses, as well as the fact that the person acted with no culpability or at all. It also deals with a matter when the innocent agent acts with no mental state (or motive) sufficient for commision of the offense which is required for particular criminal act and in those cases his liability can be measured at least as negligence and does not exclude his liability for another offense. This institute sought its way into the Criminal Code for quite a long time, until the enaction in 2009. The new Criminal Code was considered a groundbreaking legal regulation. By that time, the institute of indirect perpetration was only...