Compliance management system as a tool for exclusion of legal entities from criminal liability Abstract Although the area of compliance in the Czech legal environment is evolving relatively quickly, several ambiguities still arise here, especially in connection with criminal proceedings. Therefore, this work primarily deals with problematic issues related to the exclusion of a legal entity from criminal liability according to § 8 (5) of Act No. 418/2011 Coll., On criminal liability of legal entities and proceedings against them, as amended (hereinafter "TOPO "). The first part of the thesis is comprehensively devoted to defining the cumulative conditions of the attribution of a crime from the point of view of the material concept because without them it is not possible to consider the attribution of criminal liability to a legal person. In the second part, it is seamlessly linked to the construction of § 8 (5) TOPO, where based on the conclusions made by constant case law and the professional public, a tool to develop a legal entity from criminal liability is considered a functional compliance management system (CMS). It must contain three basic pillars of measures, namely (i) preventive, (ii) detection, and (iii) reaction. The final part of the work is devoted to these pillars, where the essential...

CRIMINAL LIABILITY OF LEGAL ENTITIES Abstract Although it has been more than seven years since the adoption of Act No. 418/2011 Coll., on the criminal liability of legal entities and proceedings against them, by criminal liability of legal entities which the Czech legislators introduced, it remains a controversial issue. Thus the aim of this thesis is not only to analyse this legislation and provide a comprehensive and clear interpretation, including a critical evaluation of selected institutes, but also to introduce the process leading to its adoption, including a comparison of the arguments in favour of adopting such a decision with the arguments presented by the opponents of the criminal liability of legal entities. An equally important aim of the thesis is an analytical evaluation of application knowledge and the presentation of potential de lege ferenda proposals. However, such considerations require a sufficient command of terminology, as well as of the basic principles of criminal law, which is the content of Chapter One of the thesis. Chapter Two is dedicated to the fundamental change in the concept of legal entities brought about by the new Civil Code, which leans towards the theory of fiction, thereby causing considerable tension. On a global scale, the institute of the liability of legal entities...

Published Article / A controlled, voluntary human act is the basic element of criminal liability. If the act is not subject to the will, it is involuntary and excludes the act and therefore criminal liability. This defence is known as automatism. This condition of involuntariness can arise as a result of insanity or due to reasons other than insanity. If the accused were insane at the time of committing the offence and he successfully raises an automatism defence, he is sent for mandatory confinement in a psychiatric institution. The problem created by this legal provision of mandatory confinement is that an accused who was insane at the time of the crime, but sane at the time of the trial, must be confined in a psychiatric institution even though he is considered sane. In order to avoid this injustice, the courts have distinguished between "insane automatism" and "sane automatism." Cases where an involuntary action has occurred for reasons other than insanity have involved a defence of "sane automatism" and, if successful, have resulted in full acquittal. The reason for creating the term "sane automatism" was to avoid the said unjustified functioning of the law. Amendments to legislation in South Africa have given courts wider discretion and they are no longer compelled to confine the accused to a psychiatric institution. The legislation is no longer unjust, with the result that the distinction between "insane automatism" and "sane automatism" is no longer necessary. The automatism defence (no longer "sane automatism") must still be retained, but as an ordinary defence that is indicative of an involuntary act, and therefore the absence of one of the elements of a crime (but without a specific indication of whether it is sane or insane automatism). Automatism must therefore be limited to grounds for exclusion of the element of an act, i.e. the voluntary and personal conduct of the accused.

La ricerca prende spunto dalla recente accresciuta attenzione, da parte della magistratura, all’attività di protezione civile in relazione alla previsione, valutazione e gestione del rischio. Ciò è agevolato dal fatto che l’ordinamento italiano, a fronte del verificarsi di eventi avversi, reagisce usualmente facendo ricorso al diritto penale. Si tratta però di una scelta non priva di conseguenze e che, come già avvenuto in settori affini, quale quello sanitario, rischia di produrre delle significative conseguenze negative, a discapito della stessa efficacia del Sistema di Protezione civile. La prima parte della tesi è così dedicata alla ricognizione del fenomeno della “criminalizzazione” dell’attività di protezione civile e delle conseguenze che ciò ha comportato. Si passa poi all’individuazione delle cause, sia sociologiche, sia giuridiche, che hanno condotto a questo recente, esasperato controllo giudiziale sulla Protezione civile. Nel terzo capitolo è svolta una disamina dei ruoli e compiti della Protezione civile, nonché di alcune sentenze particolarmente rappresentative dei vari orientamenti giurisprudenziali che si sono sviluppati in questo settore. L’ultima parte contiene una ricognizione delle criticità che ancora affliggono l’operato della Protezione civile e che inducono all’adozione di comportamenti difensivi, cui segue l’analisi del progetto di riforma della materia, nonché la formulazione di alcune ulteriori considerazioni personali. / The research has been inspired by the recent increased judicial focus on Civil protection activities. This phenomenon depends on the fact that the Italian legal system reacts to the failure of Civil protection duties essentially by using criminal law. This kind of reaction, as it has already been demonstrated in other cases, such as medical malpractice, has some contraindications, because it leads to defensive behaviours. The first part of the thesis is thus dedicated to the recognition of the judicial focus on civil protection activities and the relevant consequences. Then are studied the factors, both sociological and juridical, which have led to this recent exaggerated judicial control over Civil protection. The third chapter concerns the roles and duties of Italian Civil protection and then are examined some leading cases in this matter. In the last part it is conducted a recognition of the crucial problems that still affects Civil protection and that lead to defensive behaviours. It follows an analysis of the reform project of Civil protection and at last some personal proposal to solve the problem of “defensive civil protection” are given.

Corporate fine is today the most common sanction for work environment crime. Corporate fine is an economic sanction suffered by the trader when the crime was committed in his economic activity. This thesis aims to provide a better understanding for the application of the corporate fine in work environment crime. Furthermore, the thesis also aims to give a picture of how the use of corporate fine in work environment crime is experienced both from a Prosecutor's perspective and an employers' perspective. In order to fulfil this legal science study it is complemented with an empirical study. A legal and social science method has been used to answer the formulated research questions. The Swedish law has a special prosecution rule that says that the Prosecutor of the less serious crime in the economic activity in the first place has to take action against corporate fine and not take action against individuals. This rule together with requirement that the crime must have been committed in an economic activity means that the fine not equally can be tried out to public activities, which is a sector were most women works. Work environment crimes are usually committed in activities in the construction and manufacturing industries, where more men than women are employed. This means that the corporate fines at work environment crime, to a greater extent is sentenced to maledominated industries rather than female-dominated industries. A conclusion that can be drawn from the empirical study is that the two employers' representatives have not experience that the incentive to create a good working environment has changed from when the corporate fine replaced the individual criminal responsibility. On the other hand, they see a risk where the incentives can be weakened. Because they believe that an individual criminal responsibility in general sharpens the focus of individuals.

The principle of complementarity is the cornerstone of the establishment of the International Criminal Court as well as one of the key factors for its successful operation.  Having said that, the qualities of being flexible and adaptable make the task of interpreting the principle of complementarity extremely sensitive and technically tricky.  According to the current wording of the principle of complementarity in the Rome Statute, the ICC could factually exercise primacy over the national jurisdiction, if a loose interpretation of the principle is adopted, or conversely being residual to national jurisdictions, if the principle was strictly interpreted. While the principle of complementarity was at the heart of the negotiating process for the establishment of the International Criminal Court, the emerging practice of the Court to date has left the vast majority of the questions on complementarity unanswered, even the few issues which the Court has touched upon are not immune from criticism. This thesis will thus strive, through an in-depth analysis of the past, present and practice of the principle of complementarity and its corollary issues, to offer workable answers as well as constructive criticism.  Guided by the central objective of ending impunity for the core crimes through criminal justice, this thesis, in interpreting the principle of complementarity, will follow a balanced approach which, while unequivocally favours national prosecutions where possible, it adopts a broadening interpretation when national jurisdictions are genuinely unavailable or ineffective.  To this end, this thesis eventually presents the principle of complementarity as a managerial principle which promotes for the effective investigation and prosecution of the core crimes through the adoption of different policies which encourage, <i>inter alia</i>, a division of labour between the International Criminal Court and domestic jurisdictions, and enable states to carry out proceedings and overcome dilemmas of ‘inability’ or ‘unwillingness’ without the role of the International Criminal Court being limited in such incidents to excluding national jurisdiction.

This thesis analyzes the most important issues of criminal liability of legal entities that was, after the complicated process of enactment of the act number 418/2011 Sb., recently established by the Czech law. This topic still causes discussions and its development is not at the end. The thesis consists of eight chapters. The first chapter is a brief introduction to the structure of the text and contains defining of the basic aims of the study. Chapter two describes historical development of the topic in Europe and also shows much easier acceptance of criminal liability of corporations in common law. The third chapter compares different concepts of the topic established by several members of European union and characterises the modifications of this topic worldwide. In chapter four is explored effect of the enactment of the criminal responsibility of legal entities on basic terms and principles of Czech criminal law. Chapter five deals with imperfect form of administrative sanctioning of legal entities in Czech republic as one of the most important reasons of establishing their criminal liability. Part two of this chapter explains the distinctions between administrative and criminal ways of punishing illegal conduct of corporations. The sixth chapter illustrates the process of enacting the act...

This thesis is dealing with the issue of a sportsman criminal liability in situations where he causes or attempts to cause injury and commits the offence against the health and life of a person. The thesis aims to describe and explain fundamental terms of the issue together with its the historical review, with regards to the autonomy of sport, the relationship of the sport rules with the legal rules of criminal law. The core part of the thesis devoted to the research of the issue with respect to relevant statutes, sport self governing rules, legal literature and judicial decisions. First part of the thesis is consisted of legal analysis on whether injury caused during sport can amount to criminal offence. Such legal analysis is conducted in a manner whereby the the individual ingredients of an offence are confronted with conduct of sportsmen. The author does not forget to apply circumstances excluding criminal liability in the field of sport injuries. The applicable circumstances are the consent of the injured, excusable risk, exercise of rights and permitted activity. The conditions for individial circumstances to apply are thoroughly analysed. These condition are confronted with the circumstances in sport`s field in light of sport injury. The thesis also deals with the theories of the criminal...

Relationship between a doctor and a minor patient - criminal aspects. The main aim of this thesis is to analyze the criminal aspects of the relationship between a doctor and a minor patient. I chose this topic because I grew up in a family of doctors and I had listened to the problems that my relatives as doctors had to solve. This thesis is composed of twelve chapters, which are divided into sections and subsections.The first part of my thesis describes and analyzes the sources of law and basic concepts which are used in legal literature and also in legislation. Due to the specific relationship between a doctor and a minor patient lying in the fact that a minor patient must be represented by his parents in some cases, the third chapter analyzes the conduct of the child as one of the vertices of an imaginary triangle (doctor - child - parents). In chapter four, I focused on description of all kinds of legal liability, which are typical for this area of law. The main focus of my thesis consists of chapters five, six and seven. In these chapters I in detail analyzed criminal liability, firstly in general, secondly criminal liability of doctors and in the last mentioned chapter I discusses further about criminal acts in the context of healthcare. I realize that I couldn't have succeeded in covering...

The purpose of this thesis is to assess the new legislation on criminal liability of legal entities in the area of environmental protection. At the beginning the thesis deals with the core terms of the whole thesis, which means environment and legal entities and it describes tort liability in the area of environmental protection in general. Then focuses in detail on the criminal liability of legal entities, which is relatively new institute for the law of the Czech Republic. It deals with the development of legislation, including the international and EU development and proceedings against legal entities and sanctions, which may be imposed. One of the chapters is devoted to the detailed specification of crimes against the environment, which can be committed by legal entities. The conclusion of the whole thesis is devoted to the use of the new legislation in the area of environmental protection in practice and its comparison with the legislation in the Netherlands.