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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
61

Sankcionování právnických osob / Sanctioning of legal persons

Karnet, Vojtěch January 2020 (has links)
Sanctioning of legal persons Abstract The criminal liability of legal persons was introduced into the legal system of Czech republic by the Act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Proceedings against them which came into effect on the 1st of January 2012. It is a problematic that was highly debated even before the respective law was created and its introduction into the legal system was closely followed by most of our experts in the field of criminal law. We can still see a big interest in how this problematic functions to this day, more than 8 years after its adoption. This interest became the main motivation for the creation of this thesis. This thesis focuses mainly on the 3rd part of the above stated Act which means it concetrates on the individual sanctions applicable in relation to legal persons and how they are being used in the decision-making process of the courts of Czech republic. The demonstrate these outcomes a statistic of sanctions applied against legal persons was created. This statistic then serves as a basis for authors conclusions in relation to individual sanctoins as well as a more complex conclusions regarding the whole problematic of sanctioning of legal persons in Czech republic. There were many sources used in order to create this thesis such as...
62

Sankcionování právnických osob / Sanctioning of legal entities

Gvozdek, Filip January 2020 (has links)
Abstraktv anglickém jazyce The subject matter and aim of this thesis is to analyse the positive criminal law regulation of sanctioning of legal entities in the light of the Act No. 418/2011 Coll., Act on Criminal Liability of Legal Entities and Proceedings Against Them (hereinafter as "the Act"), its critical assessment and possible de lege ferenda suggestions. As a result, this thesis can be perceived as a comprehensive assessment of issues related to sanctioning of legal entities in the Czech Republic. The dissertation thesis is divided into eleven parts. The first part takes into account the international legal aspects of corporate liability, the concept of criminal liability of legal entities, arguments for and against the adoption of the Act and the legislative process leading to the adoption of the Act. Issues related to sanctioning of legal entities are dealt with in parts 2 to 11, which at the beginning discuss the basic terms of sanctioning, then analyse individual punishments and protective measures which can be imposed on legal entities, then also analyse abandonment of punishment, enforcement of punishments and effacement of conviction. Particularly interesting is the eighth part, which in addition to the treatise on the Criminal Register contains statistical overviews of the current application...
63

Trestněprávní odpovědnost ve sportu / Criminal liability in sports

Vítů, Jan Robin January 2021 (has links)
Criminal liability in sports Abstract Presented diploma thesis comprehensively deals with issues of criminal liability in sports, considering the expert literature, current legislation and uses current criminal case law. Attention is paid mainly to the issue of sports injuries, marginally also doping and corruption in sports. Thesis is divided into ten parts (including introduction and summary). Second part of the thesis is dedicated to the most significant historical approaches to legal liability of athletes. Third part of the thesis briefly outlines evolution of sports definition followed by sports demarcation in Czech legislation. This part also deals with sports law, which is the source of most doctrinal approaches in subject matter. The general relationship between sports and law is formulated in the fourth part. In this part, basic theories of the effect of law on sports are firstly discussed, followed by individual concepts of criminal liability in sports. The way how Czech criminal law affects the field of sport is also indicated in this part. Fifth part of the thesis is focused on sports rules. After defining the concept and distinguishing sports rules from legal norms, the meaning of sports rules from the point of view of criminal law is explained. The question of the multitude of responsibilities...
64

Trestní odpovědnost právnických osob / Criminal liability of legal entities

Žižková, Anna January 2015 (has links)
Resume Criminal liability of legal entities is relatively new institute in continental legal culture and the Czech republic was one of the last countries in Europe that accepted this concept. In addition, this concept was introduced not by the conviction of its necessity, but for reasons of international policy. Criminal liability of legal entities, however, was introduced to Czech law by Act no. 418/2011 Sb., on Criminal Liability of Legal Entities and their Prosecution. Therefore it is necessary to deal with this issue. The aim of this thesis is to make a comprehensive analysis of the Act on Criminal Liability of Legal Entities and their Prosecution, to analyze its most important provisions, as well as to define the provisions which are considered problematic, together with proposals for amendments and further innovation of current legislation. The first chapter defines the concept of legal entity that the Act on Criminal Liability of Legal Entities and their Prosecution doesn't define itself. The second chapter contains a summary of the events that led to the adoption of the Act, further consideration about the models of liability of legal entities and mentions the main arguments for and against adopting the Act. The third chapter provides an analysis of the Act, its structure and defines new principles...
65

Trestní odpovědnost právnických osob / Criminal Liability of Legal Entities

Šelleng, Dalibor January 2018 (has links)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
66

Trestní odpovědnost právnických osob / Criminal Liability of Legal Entities

Šelleng, Dalibor January 2018 (has links)
It is more than 6 yeas as of the moment when Act No. 418/2011 Coll., on penal liability of legal entities and proceedings against them, entered into effect, however, in spite of it inland legal regulation still offers a number of key application and conceptional issues. The achieved objective of the dissertation work submitted was to provide comprehensive and detailed interpretation of the existing legal regulation of the conditions when criminal liability of legal entities is established and to point out, in that interpretation, to some of its particularities, deficiencies or ambiguities in the interpretation. In order to achieve that objective, the author dealt with not only Czech legal regulation as such, however, also with wider topics that clarify the origination of this form of penal liability but that can also help interpreting problematic legal institutes or be the basis for next amendments to the law, if any. For this purpose, the presented dissertation work is divided in four main chapters. The first part contains introductory and fundamental issues of the criminal liability of legal entities. As the sine qua non condition of the topic under investigation, it defines the term of "legal entity" and outlines the historical development of the concept of penal liability of legal entities in...
67

Trestní odpovědnost umělé inteligence / Criminal liability of artificial intelligence

Racek, Libor January 2020 (has links)
1 Criminal liability of artificial intellingence Abstract The aim of this diploma thesis is to evaluate the possible criminal liability of artificial intelligence for its socially harmful unlawful conduct and if artificial intelligence cannot be criminal liable then evaluate criminal liability of persons for the unlawful acts of artificial intelligence, and also to assess whether it is necessary to change laws so that we can use in such situations the ultima ratio principle (criminal law). The first chapter deals with the concept of artificial intelligence. At the beginning of this chapter I deal with the definition of artificial intelligence from a technical point of view and I also deal with the most important points of its historical development. Then I analyze artificial intelligence from the perspective of the Czech legal order. First, I do so in connection with private law (specifically with civil law, respectively mainly with copyright) and then with public law (specifically with criminal law). The second chapter aims to introduce the concept of criminal liability as an institute of Czech law. I focus here on the individual components of criminal liability and its legal requirements, but not in an exhaustive way, but only to the extent that it is necessary to fulfill the topic of the thesis and to...
68

Trestní odpovědnost právnických osob / Criminal Liability of Legal Persons

Marešová, Adéla January 2018 (has links)
Criminal liability of legal persons Abstract The author of the thesis deals with the issue of criminal liability of legal persons, from the position of her advocate. The purpose of the study is to stress the need to introduce this institute into the legal systems of democratic states, but at the same time to deal with the problems brought by its Czech substantive law. In the first part of the thesis the author discusses the legal aspect of criminal liability of legal persons, summarizes opinions for and against the introduction of criminal liability of legal persons, and examines the criminological aspects of corporate crime. The second part of the thesis focuses on the differences, advantages and disadvantages of three basic models of criminal liability of legal persons - true, false and administrative. The author commends that the Czech Republic has proceeded to introduce true criminal liability of legal persons. The third part explains the term legal person itself. In the pivotal fourth part of the thesis, the author deals critically with the individual substantive provisions of the Czech law implementing the criminal liability of legal persons and proposes a solution de lege ferenda. The last part evaluates the whole issue using statistical data on the number of convicted legal persons in the Czech...
69

Sankcionování právnických osob / Sanctioning of Legal Persons

Březinová, Kristýna January 2018 (has links)
The purpose of this Dissertation Thesis is to comprehensively set forth the issue of sanctioning of legal persons and also to critically evaluate it. The present Thesis is divided into five chapters. Firstly, the basic terms related to sanctioning of legal persons are defined and the institute of criminal liability of legal persons is expounded including evolution of the legislative in task as well as exposition of the legislation in force. The core of this Dissertation Thesis constitutes detailed analysis of sanctioning of legal persons. Attention is payed not only to stipulations on sanctioning of legal persons included primarily in the Czech Act on Criminal Liability of Legal Persons and Proceedings against Them, but above all the attention is drawn to suggestions on legislative changes de lege ferenda in relation to sanctioning of legal persons. The Author suggests incorporation of new sanctions such as pecuniary punishment against registered capital or supervision over legal entities executed by insolvency administrators or for example integration of a new provision covering mitigating and aggravating circumstances related specifically to legal persons. This Dissertation Thesis also covers current statistics regarding the imposition of sanctions on legal persons and draws interesting...
70

Trestní odpovědnost právnických osob - od návrhu k účinné úpravě / Criminal liability of legal entities - from the bill to the forceable enactment

Stachová, Monika January 2012 (has links)
The Act on criminal liability of legal entities and proceedings against them became effective on 1 January 2012. Although it is a highly controversial law disrupting the established criminal law principles, the Czech Republic was one of the few European Union member states whose laws did not embed criminal liability of legal entities in its laws. An effort concerning solving this problem appeared as far back as 2004, the Chamber of Deputies, however, rejected the original bill. Perhaps due to the international pressure or due to the increase in crimes committed by legal entities, in 2011, the second bill was already approved. This thesis deals with the arguments and process of discourse, from which emerged the valid enactment, as well as an explanation of some of the principal provisions of the Act and also the international scheme of criminal liability of legal entities. It is difficult to anticipate the specific impact of the Act due to its short effect and therefore the thesis on criminal liability of legal entities is more of a theoretical than practical.

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