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...

The aim of the diploma thesis is to define presumptions of the criminal liability of healthcare providers and answer the question in which circumstances and under what conditions can healthcare providers can be criminal liable. The diploma thesis is divided into nine chapters. The first chapter deals with legal entities, particularly their history and definition in Czech legal order. In second chapter I envisage with the basic medical law terms importing in relation with the subject of the diploma thesis, especially I mentioned health related services, healthcare, services to promote and maintain health, healthcare provider and patient. In the third chapter I define in general the fundamental types of legal liability in the health care sector and in the subchapter I analyse the institute of the informed consent, which is in my opinion an important aspect in defining legal liability in healthcare. Further in the fourth chapter I focus specifically on criminal liability, which I first define as such, including the individual circumstances that exclude unlawfulness, then I deal with the criminal liability of legal entity and its possible criminal conduct in relation with the provision of healthcare. I also analyze the terms of lege artis and vitium artis procedure, which are usually the necessary...

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

Sanctioning of legal persons Abstract This thesis focuses on criminal responsibility of legal persons, with an emphasis on sanctioning. The thesis examines the Act No. 418/2011 Coll., On Criminal Liability of Legal Persons and the Proceedings against them (hereinafter as "the Act"). Further it evaluates how is the Act applied by the courts and what are the problems resulting from the application of the Act, with focus on sanctioning. The thesis further proposes ideas for improvements, including changes in legislation de lege ferenda. The diploma thesis consists of three parts. In the first part the author addresses the basic concepts of criminal responsibility of legal persons, its roots in foreign and international law, and the development of the concept in the Czech Republic. This part further describes the basic institutes of corporate criminal liability, including imputability of criminal act to the legal person, followed by explanation of the concept of exculpation and related case law. Part Two focuses on sanctioning of legal persons from the theoretical perspective. It addresses the basic institutes of sanctioning of legal persons, the purpose and the principles of sanctioning, followed by the analysis of each sanction included in the Czech Act on Criminal Liability of Legal Persons and the...

Criminal liability of physician for a non lege artis medical procedure Abstract This diploma thesis is focused on the issue of the criminal liability of physician for a non lege artis medical procedure. The main objective of submitted thesis is to define all the requirements and elements of criminal liability of the physician, therefore, to find an answer to under what conditions and in what situations the physician will be criminally responsible, and in what situation he will not be criminally responsible. Another objective of the thesis is to provide a definition of what can be considered as a lege artis procedure, what will be considered as a non lege artis procedure, who will assess such a procedure and what will be the consequences for the assessment of the criminal liability of a physician. In this thesis it was used mostly the method of description, analysis, deduction and a partial comparison. Thesis is divided into four main chapters, which are further divided into relevant subchapters. The first chapter is focused on the definition of all prerequisites for the criminal liability of a physician and also deals with the question of possible criminal liability of a legal person who is authorized to provide health services. The second chapter defines individual circumstances excluding illegality. The...

Magister Scientiae Dentium - MSc(Dent) / Bite mark evidence has been admitted into US courts since the 1870s. It quickly gained popularity after the conviction of W.E. Marx in 1974 for manslaughter using primarily bite mark evidence. However, since the development of DNA typing and testing in forensic science, the emergence of wrongful convictions has placed the validity of bite mark evidence admissibility into severe dispute. This mini-thesis is a condensation of the past ten years’ worth of literature on the latest researches regarding bite mark evidence. The theory of the uniqueness of the human dentition is analysed. The accurate reproducibility of bite mark on skin with regard to distortion is discussed. Some bite mark court cases, including wrongful convictions are explored. Inconsistent expert opinions and the lack of standards amongst practitioners are also examined. The aim of this study is to summarize the validity of bite mark evidence in the courts of law.

The thesis deals with the ways political and expert (especially legal and criminological) discourses formulate and reproduce the meanings, assumptions and definitions constructing the man as a subject of criminal law, a subject responsible for his actions. It focuses on the ways the political domain (in particular, the lower and upper chambers of the Czech Parliament) and the scientific domain (in particular, legal science, criminology and psychiatry) form and formulate the opinions of "criminal law" and the ways these opinions are reflected in meanings embodied in criminal law itself. Methodologically, the thesis builds on critical discourse analysis. Put in plain language, what makes discourse significant is the oppression it brings upon us by defining what can be said about the world and how one can meaningfully act in it. Thus, it is not (only) a reflection of another, more real reality and it cannot be fully reduced to some other social phenomena. Therefore, by investigating discourse, one can identify the assumptions social actors build on and the argumentative frameworks they apply in discourse. The theory section formulates premises for the subsequent analysis of specific topics related to the formulation of "criminal" guilt and responsibility. After a short review of sociological...

The thesis deals with the ways political and expert (especially legal and criminological) discourses formulate and reproduce the meanings, assumptions and definitions constructing the man as a subject of criminal law, a subject responsible for his actions. It focuses on the ways the political domain (in particular, the lower and upper chambers of the Czech Parliament) and the scientific domain (in particular, legal science, criminology and psychiatry) form and formulate the opinions of "criminal law" and the ways these opinions are reflected in meanings embodied in criminal law itself. Methodologically, the thesis builds on critical discourse analysis. Put in plain language, what makes discourse significant is the oppression it brings upon us by defining what can be said about the world and how one can meaningfully act in it. Thus, it is not (only) a reflection of another, more real reality and it cannot be fully reduced to some other social phenomena. Therefore, by investigating discourse, one can identify the assumptions social actors build on and the argumentative frameworks they apply in discourse. The theory section formulates premises for the subsequent analysis of specific topics related to the formulation of "criminal" guilt and responsibility. After a short review of sociological approaches...

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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...