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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.
81

Trestněprávní odpovědnost v ochraně životního prostředí / Criminal liability in environmental protection

Novotná, Barbora January 2015 (has links)
141 Abstract The topic of this thesis is criminal liability within the environmental protection. Introductory chapters are devoted to the definition of basic concepts of the whole matter (environment, environmental protection, criminal liability etc.) and kinds of legal liability in the field of environmental protection. Another chapter deals with international and EU aspects of matter aforesaid. Furthermore, this thesis analyzes the adjustment of criminal liability within the environmental protection in the Czech Republic, at first for natural and consequently for legal persons whose criminal liability has been introduced in the Czech Republic for relatively short period of time. The final chapter is focused on the comparison of Czech and French criminal liability legislation of legal persons in relation to the environment.
82

Aktuální problémy trestní odpovědnosti zdravotnického pracovníka v souvislosti s dříve vyslovenými přáními / Actual problems of criminal liability in medical treatment in connection with advance directives

Franková, Petra January 2015 (has links)
Title of thesis: Actual problems of criminal liability in medical treatment in connection with advance directives Abstract The main aim of this thesis is to analyze the topic of advance directives, recent institute in Czech legislation, its problems and mainly criminal liability in medical treatment, which is not summarized complexly in Czech professional literature. This thesis is composed of seven chapters, which are divided into sections and subsections. Chapter One is introductory and is dedicated to moral rights of a patient, which provide the basic starting points of this thesis. The chapter is subdivided into two parts. Part One describes evolution of rights of patients and part Two presents right to life, right to self-determination and finally right to protection of human dignity. Chapter Two analyzes advance directives. This chapter is subdivided into five sections. The basic characteristic is processed with respect to legislation, particular types, issues and critical aspects of advance directives. Chapter Three discusses the legal liability in healthcare. Chapter is divided into four sections; each is devoted to one of the civil, labor, administrative and disciplinary liability. Chapter Three is related to the following chapter, which deals with criminal liability and represents, with respect to...
83

Vybrané aspekty sankcionování právnických osob / Selected issues of sanctioning of legal persons

Tibitanzlová, Alena January 2015 (has links)
This thesis deals with selected issues in sanctioning of legal persons. In particular, it focuses on sanctions applicable to legal persons under the act on criminal liability of legal persons. I selected this topic since I am interested in criminal law, especially in criminal liability of legal persons. I decided to focus on sanctioning of legal persons, or more precisely on selected issues thereof, since there are many reasons why this topic is subject of passionate discussions about the act. Based on theoretical and practical findings, this thesis aims to analyze whether the current state of law in the area of sanctioning of legal persons in the act on criminal liability of legal persons is perfect and fully sufficient, or whether it requires amending. The preface introduces the topic of sanctioning of criminal persons and the structure and the main goals of this thesis. Subsequently, the thesis is divided into seven chapters. The first chapter deals with theoretical issues. It covers different approaches to sanctioning of legal persons throughout Europe and key arguments both in favor and against the introduction of new regulation of sanctioning of legal persons in the Czech Republic. The second chapter covers basic provisions of sanctioning of legal persons in the act on criminal liability of...
84

Právní úprava řešení environmentální kriminality na úseku nelegálního obchodu v oblasti fauny a flóry / Law Dealing with Environmental Crime in the Area of Illegal Trading of Fauna and Flora

Bareš, David January 2015 (has links)
This thesis deals with legislation with the task of dealing with environmental crime in the area of illegal trading of flora and fauna in the Czech Republic. Of key importance for this thesis is the examination of domestic criminal legislation, it is supplemented by an excursion into related regulations of international law and European Union law. Introduce also the actual phenomenon of illegal trading of fauna and flora, its characteristic features, historical development, the articles most frequently traded, and other specific features that are typical of this type of illegal human activity. The theoretical bases of the thesis are enhanced by an examination of related practice in the form of practical examples, court rulings, and statistical data. Finally, this thesis also contains a few proposals for improving the existing legislation and raises some objections to practical application.
85

Trestněprávní aspekty informovaného souhlasu pacienta - komparativní pohled / Criminal aspects of the informed consent of a patient - comparative perspective

Leníčková, Tereza January 2014 (has links)
An informed consent of a patient is an institute in the area of medical law, which is still being developed and deals with both private and public legislation. It is one of the legal reasons for interference into physical and mental integrity of a patient, without which every act would be unlawful. This thesis provides an overview of the current legislation of this institute in the light of the new Civil Code, outlines possible application issues between the new legislation and the legislation that is no longer effective. The aim of this thesis is to give a comprehensive review of the criminal aspects of the informed consent, especially its role as a circumstance of justification. The content of this thesis is an analogous legislation in the Federal Republic of Germany, which is being compared to the Czech legislation in the final chapter. The thesis consists of seven chapters. The first one deals with the relationship between the doctor and the patient and its changes in time periods, which are necessary for the new legislation to be well understood. The second chapter gives an overview of the current legislation starting with the constitutional law, including international treatments, statutes, the Code of Ethics, all over to the regulation of the Czech Medical Chamber. It focuses on specific parts...
86

Otázky trestní odpovědnosti právnických osob / Issues of criminal liability of legal entities

Konůpková, Simona January 2014 (has links)
The thesis concerns the questions related to the criminal liability of legal entities, with focus on their sanctioning. The criminal law is being traditionally linked to the criminal liability of an individual. The social environment has changed in the last decades in such a way that it was vital to reflect its negative consequences. In a number of EU countries, the action resulted in implementation of criminal lability of legal entities. The Czech Republic used to be a country where the criminal lability of legal entities was not complied with for many years. The change was brought by adopting the act of No. 418/2011 valid from 1st January 2012, dealing with criminal liability of legal entities and its related proceedings. The thesis is devided into four chapters. The opening chapter focuses on theoretical questions of criminal liability of legal entities. Different approaches to the matter are analysed here in detail, international and European commitments of the Czech Republic in relation to criminal liability of legal entities are also mentioned. The second chapter is related to the basic rules of sanctioning the legal entities. Theoretical definition of "sentence" and "preventive measure" terms can be found in the first part of the chapter. All rules for sentencing and specific criteria for...
87

Trestní odpovědnost právnických osob se zaměřením na zdravotnická zařízení / Criminal Liability of Legal entities focusing on Healthcare Providers

Suchánková, Tereza January 2016 (has links)
70 Abstract: Criminal Liability of Legal Entities focusing on Healthcare Providers As of 1 January 2012 a new act no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Procedure against them, has been effective in the Czech Republic, which incorporated a possibility to prosecute legal persons for selected crimes besides individuals. In June 2016, a new act no. 183/2016 Coll. Act that makes changes to the act. no. 418/2011 Coll., Act on Criminal Liability of Legal Persons and Procedure against them was adopted. The main change it brings to the Czech legal system is that legal persons will be able to commit all the crimes stated in act no. 40/2009 Coll., Criminal Code, except for few crimes enumerated. Under this act, legal persons will be able to commit crimes against the life and health and due to that there is a big chance of prosecution of healthcare providers. The aim of this master thesis is to define in which situations one should consider the criminal liability of healthcare providers. Additionally, this document also aims to outline the general rules of the subject matter, and to determine the limits of its application. To interpret the legal regulation, descriptive and analytical methods are being used. The author compares Czech legislation with the legislation of other European...
88

Sankcionování právnických osob / Sanctioning of legal persons

Kurečková, Hana January 2016 (has links)
This thesis deals with sanctioning of legal persons under the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Legal Proceedings against them (hereinafter referred to as "Act"). The main part of the paper consists in detailed analysis of the sanctions that may be imposed on legal persons. The main goal of the thesis was to evaluate this relatively new area of legislation which has not been amended to this day in any significant way. Special focus was given to the evaluation of whether the effective legislation in question is complex, sufficient and flawless or whether any amendment is necessary. The preface introduces the main topic, goals and the structure of the thesis. The thesis in general is divided into four parts. The second part deals with the basic institutes related to the criminal liability of legal persons and their sanctioning. The character of legal persons is defined, as well as the range of relevant legal entities on which the legislation in question is applicable. Also different approaches to the sanctioning of legal entities are introduced followed by brief analysis of the basic principles of the criminal liability of legal persons in Czech Republic in accordance with the principle of imputability of a crime to a legal person. The focal point of the thesis can...
89

Otázky trestní odpovědnosti právnických osob / Issues of criminal liability of legal entities

Šťastný, Jakub January 2016 (has links)
The topic of this Master's thesis is the analysis of criminal liability of legal entities in the Czech republic that is contained in the Act no. 418/2011 Sb., on Criminal Liability of Legal Entities and Procedure against them, which was adopted on 22. 12. 2011. It is a topical isuue, which still contains a lot of unanswered questions. The aim of the thesis is to familiarize the reader with this new institute in the Czech legal system, with which there are not many practical experiences yet. Taking into account the extent of the thesis, it does not include a comprehensive analysis, but it focuces on key issues in the legal regulation. The work is also dedicated to the regulation of this institute in the Spanish legal system. The thesis is divided into three chapters. The first chapter deals with general issues that are related to the criminal liability of legal entities. It presents the historic development, models of liability of legal entities for offences, international regulation, corporate criminal liability in the Common law system and the reasons for and against introducing criminal liability of legal entities into legal system. The second chapter is devoted to the analysis of current legislation criminal liability of legal entities in the Czech Republic. It is focused on the nature of the...
90

Otázky trestní odpovědnosti právnických osob / Issues of criminal liability of legal entities

Krumlová, Monika January 2011 (has links)
Resumé Issues of Criminal Liability of Legal Entities This thesis deals with criminal liability of legal entities and with delictual liability of legal entities. Even though there is no Czech equivalent for the institution of criminal liability of legal entities, and consequently it cannot be part of Czech legal system, there have been many heated debates, conducted both by professionals, politicians and amateurs. Czech criminal law does not contain the term collective responsibility, as it is traditionally based on the individual criminal liability. It has adopted the principle societas delinquere non potest, and for this reason the introduction of criminal liability of legal entities would be perceived as massive change, change that could have profound impact on the Czech criminal law as such. The topic is controversial; it is manifested in the way the arguments pro and contra are submitted. The thesis consists of seven chapters. Basic definitions are followed by a short historical overview of delictual liability of legal entities in European continental law. Next chapter lists arguments pro and contra introduction of criminal liability of legal entities. Tendencies in international and in European continental law constitute one of the main arguments for introducing this institution into Czech legal...

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