Diploma Thesis: Criminal Liability of Legal Entities Abstract: This graduation thesis deals with problems of potential introduction of criminal liability of corporations into the legal order of the Czech Republic Its main purpose is to analyze selected legal aspects of criminal liability of corporation, compare foreign approaches with the Czech Draft Act and to suggest possible amendments for the future introduction of the Draft Act.

- CRIMINAL LIABILITY IN MEDICAL LAW The purpose of my thesis is to analyse criminal liability of healthcare professionals and paramedical staff. The thesis is composed of seven chapters. The first chapter is introductory and reveals my objections. Chapter Two provides definition of liability in general. Furthermore, civil, administrative, disciplinary and employee's liability are discussed and compared to criminal liability. The aim is to explain differences and similarities of individual liabilities and to clarify that criminal liability serves as a last resort (the ultima ratio principle). Chapter Three explains requirements for criminal liability. Especially, criminal offence, unlawfulness and defences are discussed and compared to the Dutch regulation. Chapter Four concentrates on criminal liability of natural persons. The first part of this chapter is about offender; the minimum age for criminal responsibility and sanity are examined. The second part lists and describes some major crimes. Chapter Five looks at The Criminal Liability of Legal Persons Act. Besides, liberation from the criminal liability of legal persons is discussed. The Chapter recommends preventive and reactive measures to be adopted by health care institutions. The topic of the Sixth Chapter is the termination of life on...

This master's thesis is concerned with an issue of criminal liability of legal entities. Emphasis is put on the czech legislation, more precisely on the act no. 418/2011 Sb., on Criminal Liability of Legal Entities and their Prosecution, that came into force on 1. 1. 2012. This act was adopted in response to the obligations under international law that are binding on the Czech Republic. The main aim of this thesis is to make its readers possible to get acquainted with the regulations of the establishment and termination of criminal liability of legal entities in the Czech Republic and to point out some problematic parts of the law. The thesis is divided into three parts. The first part deals with the general questions of criminal liability of legal entities, in particular with the historical development of such a conception, its possible models, definition of the legal entity and with the reasons for and against criminal liability. The second and the most extensive part of this thesis is dedicated to the analysis of the current Czech legislation. It focuses attention on the issues concerning the scope of the Act, extent of the criminalization of corporations, requirements of the imputability of the criminal act to the corporation and concerning the issue of transferring criminal liability to the...

77 6 The topic of this thesis is one of the esential segments of corporate criminal lability, sanctioning of legal persons. Corporate criminal lability was incorporated to czech legal order by by the Act No. 418/2011 Sb., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), that came into force on 1. 1. 2012 and ever since penal sanctions can be imposed on legal persons. Main goals of the thesis are to introduce the theme to readers and critical evaluation of sanctioning in the Act. The first chapter deals with general questions of corporate criminal lability and explanation of basic condions of the criminal lability. There are also mentioned the main issues of possibility of attribution of a criminal act to a legal entity. The second charter is dedicated to sanctioning of legal persons in general. The chapter analyzes basic differences between sanctioning of legal persons and natural persons, that cause modification of purpose and principles of sanctioning of legal persons. It also covers different approaches in variability of sanctions in legal orders of european countries. The third, most important, chapter analyzes each particular sanction under the Act. It points out defects of the sanctioning and there are also mentioned critical comments of legal...

LL.D. / The starting point of this research is the observation that the protection of human rights and the prevention of human rights atrocities can only take place through a universal system of different means of accountability which create enough deterrence for the future state or individual offender. This research consists of four parts: Part A explores and outlines the different existing ways and means of traditional human rights protection under the international and regional human rights regimes. It focuses on the aspect of victim protection from human rights violations through protective means available under the different human rights regimes. Part A concludes that the existing means and ways of protecting human rights are by far not sufficient to ensure the compliance of states with the existing provisions on human rights protection and that the protection of human rights remains an unfinished chapter of international law. Parts B and C analyze the evolving approach to hold states and individuals directly accountable for gross human rights violations, via the means of criminal and/or civil responsibility. Part B explores the possibilities of human rights protection by the means of criminal prosecution. It outlines the development of the concept of criminal responsibility from the days of Nuremberg to the present International Criminal Court in The Hague. The main focus is on domestic criminal procedures as a supplement and possibly alternative to international prosecution. This part concludes with the observation that the present mechanisms and means available under the existing international and domestic jurisdictions fail to establish individual criminal accountability at the necessary global scale and therefore fail to deter the commission of future genocide. Part C explains the necessity to establish an international system of civil liability for human rights atrocities as a supplement and (even) alternative to the existing mechanisms of accountability. The present possibilities for the individual victim to obtain financial redress for his suffering under international law are outlined and discussed. The further option of asserting civil legal action for human rights violations under domestic jurisdictions is scrutinized and evaluated with a special focus on the USA as the state which has so far the strongest adjudication of human rights claims. This part concludes with the finding that the individual victim of human rights violations still lacks the necessary forum with the respective judicial means to hold the perpetrator financially liable for his human rights violations. Part D introduces a draft Statute on a (future) Convention on Individual Civil Liability for Human Rights Atrocities as a supplement for the existing ways of human rights protection. Each provision of the draft statute is evaluated in the context of already existing legal instruments, jurisprudence and, if available, examples of customary usage. The draft’s overall aim is the establishment of a working system of civil liability for the individual and corporate human rights perpetrator for a selection of egregious human rights atrocities qualifying as so-called international or transnational human rights torts. This research concludes with the finding that only a combination of the existing ways and means of human rights protection, the consequent application of the existing provisions and finally their further development can safeguard the protection of human rights at a global scale.

Thesis (Ph.D.)--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of Law, 2015. / At present, international law has not succeeded in establishing a way through which multinational corporations (MNCs) can be regulated effectively and compelled to adhere to international human rights standards. This poses a problem for states that rely heavily on the investment of MNCs for economic development. African states in particular compete for investment by reducing their regulatory mechanisms in order to attract MNCs. This allows MNCs to engage in practices that violate human rights and contribute to the commission of international crimes. This thesis seeks to address this problem by exploring how MNCs can be held criminally liable in international law if they are involved in serious human rights abuses and international crimes. In the twentieth century, two seminal events in international criminal justice illustrate that there was evidence that the notion of holding multinational corporations criminally liable was possible. These include i) the jurisprudence of the Allied Tribunals at Nuremberg after World War II which contemplated the possibility of corporate criminal liability and ii) the negotiations during the establishment of the International Criminal Court (ICC) in the 1990s which considered proposals for the extension of criminal liability to corporations. At the national level, many states provide for corporate criminal liability. This is often derived from the establishment of criminal liability of an official of the corporation. The United Kingdom and Australia, however, have successfully set out how a corporation may itself be found criminally liable without the need to derive its criminal liability from an official. These developments show that the idea of holding MNCs criminally liable, either through a derivative or non-derivative process, is possible and achievable. In particular, this thesis proposes that MNCs can be found criminally liable for aiding and abetting international crimes under Article 25(3)(c) of the Statute of the ICC. In proposing a way through which this can be achieved, this thesis does two things: i) it extracts principles of non-derivative criminal liability established in the United Kingdom and Australia and ii) it develops a theory of corporate criminal liability for aiding and abetting international crimes that incorporates these principles. This theory underpins the proposed new approach to the establishment of corporate criminal liability for aiding and abetting in the ICC.

78 14 ABSTRACT The thesis discusses the issue of criminal liability in the sport with a focus on criminal liability of sport's injuries, doping and corruption. After a general introduction to the definition of sport and sport's law, the author focuses on the relationship between sport and law, especially criminal law. Subsequently, the thesis is devoted to sport's injuries from several points of view. At first, attention is paid to the connection between the current Czech Criminal Code and liability for sport's injuries, especially with regard to the mandatory features of the offense. In addition, it is briefly discussed the applicable circumstances excluding criminal liability. These circumstances are also devoted to next chapter which is dealing with the basic doctrinal theories formed abroad. The author attempts to bring his opinion on the possible application of these theories in Czech law. The following chapter focuses on the analysis of all relevant Czech criminal case law with an addition of one crucial civil judicial decision on the field of liability for sport's injuries. The thesis includes also the chapter with foreign comparison where the author describes on the examples of Germany, Austria, Poland, France and England how is dealt with these issue in other relevant countries along with the most...

The goal of my master thesis is to introduce the subject of criminal liability for spreading the HIV virus and to prompt the discussion of the expediency level of current legislation. Furthermore, it is also to introduce individual concepts of punishment for spreading the HIV virus and offer alternatives which are in this context self-evident. My thesis begins with the introduction, it then continues with three general chapters, two analytic chapters and a conclusion. The introduction presents the core sources of work and the methodology. The second chapter following the introduction is the explanation of the basic general connections to the phenomena of HIV and AIDS, in regards to new research which concerns curing and preventing the spread of the HIV infection, along with the historical context in which the debate about HIV and AIDS evolved, especially in Czechoslovakia, more specifically the Czech Republic. Furthermore it lists individual concepts of understanding this issue in specific countries as practical examples. The third chapter introduces the legislation that establishes the criminal liability for spreading HIV. I paid special attention to domestic legislation and particularly the law concerning public health, and the Criminal Code. The fourth chapter introduces in greater detail...

A crise global do capitalismo eclodida no ano de 2008 evidenciou o risco sistêmico a que a atividade econômica ficou exposta a partir da sua desregulamentação, implementada, a partir dos anos 1980, pelo chamado neoliberalismo, e do desenvolvimento dos meios de comunicação e informáticos, que a interligou em nível planetário. Seus efeitos devastadores somente puderam ser contidos por meio de intervenção estatal, com a injeção de muito dinheiro público na atividade econômica privada, o que trouxe à tona a discussão quanto ao real papel regulatório do Estado sobre a economia nesse contexto. No panorama atual do desenvolvimento da sociedade capitalista e contemporânea, há, muitas vezes, verdadeiro divórcio entre os interesses do real proprietário da empresa (ausente ou passivo) e o corpo de gestores contratados da companhia, impondo a necessidade de maior confiabilidade e transparência na apuração e nos demonstrativos dos resultados empresariais. Surge daí o conceito de boas práticas de governança corporativa, do qual um dos pilares de sustentação é o denominado compliance, que funciona como uma estrutura verificadora e validadora do bom funcionamento, da correção e da confiabilidade da administração, prevenindo riscos imanentes à atividade empresarial. Surge, nesse cenário, uma concepção de autorregulação regulada ou forçada da atividade econômica, pela qual o Estado supera uma postura meramente repressora de desvios encontrados, que relegava ao particular sua própria organização, passando a impor uma pauta mínima de obrigações organizacionais, que necessita ser cumprida e implementada para prevenir riscos de condutas antiéticas ou mesmo criminosas. O papel do direito penal, sempre mais modesto do que dele se espera, acaba ganhando muita importância por atuar como norma de reforço à tutela de deveres organizacionais e de autofiscalização da atividade econômica. Os meios eleitos para atingir esses objetivos são a utilização de tipos penais de perigo abstrato, omissivos ou comissivos por omissão; a incriminação da corrupção privada; a promulgação de leis extraterritoriais que preveem a colaboração entre Estados no combate à criminalidade; a adoção de sistemas legais autodenominados administrativos, mas que são penais em sua essência; a crescente aceitação e utilização da responsabilidade penal da pessoa jurídica. Partindo de constatações criminológicas e proposições político-criminais, a presente tese visa a propor a criação de um sistema de imputação penal das pessoas jurídicas baseado na ideia de fato próprio culpável, com a culpabilidade atrelada ao conceito de defeito de organização, visando a superar o déficit na aplicação do modelo adotado pela Lei nº 9.605/1998, na qual não há o estabelecimento de quaisquer critérios para delimitar o âmbito das ações corporativas culpáveis. Para tanto, buscaram-se, em modelos jurídicos alienígenas (italiano, chileno e espanhol), experiências e exemplos que pudessem auxiliar na proposição de critérios reitores de um novo modelo adaptado à realidade brasileira, pelos quais se almeja a maximização das possibilidades de aplicação do instituto, de um lado, e a maior amplitude possível das garantias penais, de outro. / The global crisis of capitalism, which emerged in 2008, displayed the systemic risk that economic activity was exposed to. This risk occurs due to the deregulation implemented from 1980 by the so-called neoliberalism as well as due to the development of both the media and IT which have globally interconnected economic activity. The devastating effects of neoliberalism could only be restrained through state intervention, with the injection of great amounts of public money into private economic activity. In this context, this practice brought up the discussion on the actual regulatory role of the state in economy. In the current scenario of the development of contemporary capitalist society, there is often an actual separation between the interests of the real owner of the company (who is absent or passive) and the board of hired managers of the company. This fact generates the need for increased reliability and transparency in the calculation and statements of business results. The concept of good corporate governance practices is thus generated, which has compliance as one of its supporting pillars. Compliance works as a testing and validating structure of managerial functioning, correctness and reliability, thus, preventing risks that are inherent to business activity. In this scenario, the concept of regulated or forced self-regulation of economic activity was created. By this concept, the state goes beyond the previous position of merely repressing identified deviations, which meant that the organization could regulate itself. Now the state imposes an agenda of organizational duties, which need to be fulfilled and implemented to prevent risks of unethical or even criminal behavior. The role of criminal law, which has had a more modest scope than expected, ends up gaining importance because it acts as reinforcement rule for the protection of organizational duties and self-inspection of economic activity. The means chosen to achieve these goals are the use of criminal types of abstract danger, which may be either omissive or comissive by omission; incrimination of private corruption; enactment of extraterritorial laws that provide for collaboration among States in combating crime; adoption of legal systems in the administrative scope that are criminal in their essence; the increased acceptance and use of the criminal liability of legal entities. Starting from criminological findings and political-criminal propositions, this thesis aims at proposing the creation of a criminal imputation system of legal entities, based on the idea of a fact itself that can be considered as liable. The guilt is attached to the concept of organization defect in order to overcome the deficit in the implementation of the model adopted by Law No. 9.605/1998, which has not established any criteria to specify the scope of corporate actions that may be considered as liable to penalty for law offence. Therefore, we researched experiences and examples in foreign legal models (Italian, Chilean and Spanish legal models) that could help to propose criteria that lead to a new model adapted to the Brazilian reality, in which we aim, on the one hand, to maximize the possibilities of this new legal model, and, on the other hand, reach penal guarantees as widely as possible.

Informed consent of a patient is currently one of the fastest developing subjects of medical law. Its fundamental principles are based on human anatomy and one's freedom of choice with respect to decisions concerning his or her well-being. The aim of this thesis is to present informed consent in light of the newly enacted legislation concerning medical services, to highlight some of the consequences of the new legislation, as well as to discuss certain aspects of criminal liability of medical personnel in connection with informed consent. The thesis consists of six chapters, which are further divided in to subchapters. The respective chapters outline informed consent of a patient with respect to its basic elements, associated consequences and selected aspects of potential criminal liability. Following the introduction, the first chapter describes the relationship between a doctor and a patient and identifies the upcoming trend of the transformation of the historical paternalistic relationship into a partnership. The second chapter features an overview of the both the national and the international legal sources, which govern informed consent. The third chapter represents the main focus of the thesis and describes the respective elements of an informed consent - disclosure and consent. The...