This thesis deals with the criminal liability of legal entities in the environmental law. The new law on criminal liability of legal persons represents a big change in the existing conception of Czech criminal law. The first three chapters talk about basic concepts with which this thesis works. The Czech Republic is active subject in the field of international and EU law, therefore the following chapter is dedicated to the legislation of this issue in international and EU context. Chapter seven of this thesis direct talks about current Czech legislation of the criminal liability of legal entities. The chapter describes the historical development and current condition of the law of the Czech Republic and comparison of Czech and Austrian legislation. The end of this thesis describes the characteristics of several crimes against the environment, which, according to current legislation, legal entities can commit.

(Abstract in English) This thesis deals with certain question of criminal liability in the case of legal ethities, which presents a recent phenomenon in Czech legal setting. The most important reason for working on this subject was my interest in the area of criminal law. In this context, the new law on criminal liability of legal persons constituted an ideal subject for processing, which would allow me deeper acquaintance with the problems about this important topic. In the Chapter One the work describes genesis of a newly adopted law in Czech republic and in the next Chapter Two compares it with another bill, which was proposed and promptly rejecter by the Parliament in the first reading in 2004. It goes on to analyse the question of presidential veto and its consequences. The Chapter Three, about the main lines of argumentation is subdivided into two parts. Part One describes the main lines of argumentation used by proponents of this new law, including a range of examples from the area of environment protection. Part Two deals with the main lines of argumentation used by adversaries of this new law. The Chapter Four describes the importance of the selected institutes of the law on criminal liability of legal entities. The work's focal point lies in the analysis of key elements of Czech law in the...

The concept of assisted reproduction is widely discussed by both professional and lay public. New scientific discoveries in the fields of biology and medicine as well as the use of methods and procedures that enable the emergence of new life raise number of issues, not only the legal ones. The purpose of this thesis is to provide the comprehensive survey of criminal law relationships which may arise in the context of providing the assisted reproduction. The thesis examines whether the current legislation guarantees sufficient protection of relations, interests and values covered by the Criminal Code. Within the analysis of crimes the thesis deals with the need for criminal repression and gives proposals de lege ferenda. The thesis is composed of five chapters. The first chapter is subdivided into two parts. Part One defines the concept of assisted reproduction, describes the historical overview of the events that preceded the current interpretation of the concept and explicates basic medical terminology related to the chosen topic. Part Two presents the basic principles on which the Czech regulation is established and contains specification of the relevant sources of law. The second chapter briefly characterizes the criminal and medical law and clarifies their relationship. The third chapter deals with the...

The submitted thesis comprehensively deals with selected issues of corporate criminal liability. The emphasis is mainly put on the Czech legislation, on the Act No. 418/ 2011 Coll., on Criminal Liability of Legal Entities and their Prosecution that became effective on the January 1, 2012. Foreign legislation concerning corporate criminal liability in selected countries within civil law legal system is taken into account in the thesis as well while focusing mainly on the French legislation. The aim of the thesis is to carry out a critical analysis of the Czech corporate criminality legislation and to point out its ambiguities, contentious parts and potential shortcomings. The thesis is divided into three parts. The first part deal with certain general issues related to the concept of criminal liability of legal entities, including its historical development. The second part focuses on the scope of the Act No. 418/ 2011 Coll., in particular it examines the characteristics of the entities that are subjected to the corporate criminal liability and the extent of criminalization of legal persons. Third part and the longest part examines (i) corporate criminal liability's establishment with emphasis put on the matter of imputability and (ii) the legal succession with regard to the transfer of the...

Název disertační práce v anglickém jazyce, abstrakt v anglickém jazyce a 3 klíčová slova v anglickém jazyce Název disertační práce v anglickém jazyce: Selected issues of criminal liability of legal entities Abstrakt v anglickém jazyce: The author of the propounded thesis is dealing with a controversial issue of criminal sanctioning of legal entities in selected countries of the European Union. With the presented topic of criminal liability of legal entities is not only engaged the specialized public in the Czech Republic, but it is also a controversial theme among other European states. The topic remains current, as is witnessed not only by the frequent expert conferences, but also by the legislative activity in the Czech Republic, neighbouring countries and other parts of Europe. It is clear that individual legislators are still seeking the optimal embedding of effective sanctions against legal entities, including related penal institutes. The second chapter of this thesis is devoted to valid and effective international and transnational documents, which are closer examined. Due to the fact that each of the sources contains just general requirements, a number of states are positively assessed when implementing the transnational and international commitments, because these states, except few of them,...

O presente trabalho teve por escopo a análise da imputação por crimes ambientais no processo penal em face da pessoa jurídica à luz do direito de defesa, considerando a ausência de disciplina na Lei 9.605/98 e a remissão legal genérica aos Códigos Penal e de Processo Penal. Optou-se pela exposição do tema no presente estudo em duas partes distintas, sob a perspectiva do direito penal (capítulos 1 e 2) e do direito processual penal (capítulos 3 e 4). A escolha justificou-se em virtude da relação mantida entre os dois ramos, que mantêm uma mútua complementariedade funcional e, concomitantemente, guardam espaços de tensão. A partir desta constatação, analisou-se a expansão do direito penal sob a perspectiva da sociedade do risco. Ainda, verificou-se de que forma a Lei 9.605/98 incorporou estas tendências de expansão, com estudo do bem jurídico, dos crimes de perigo abstrato e do emprego da técnica de assessoriedade administrativa. Delimitada a influência da sociedade do risco sob a dogmática penal ambiental, estudou-se a responsabilidade penal das pessoas jurídicas, para que se entendesse de que forma foi inserida no ordenamento. A partir da abordagem dos requisitos estabelecidos para esta responsabilidade penal, indicaram-se as dificuldades de adequação à pessoa jurídica dos conceitos tradicionais de ação e culpa, construídos tradicionalmente sob uma perspectiva individual. Verificou-se que os entraves do processo de responsabilização resultam em denúncias genéricas, formuladas em afronta ao artigo 41 do Código de Processo Penal. Ainda, viu-se que novas análises da responsabilidade penal coletiva partem da superação de alguns padrões ontológicos da teoria do delito e adotem uma perspectiva normativa. As conclusões obtidas na primeira parte foram aplicadas sobre a segunda parte do trabalho, a partir da análise do direito de defesa e da imputação. Foi visto ser garantido à pessoa jurídica o direito à ampla defesa em toda sua extensão. Dentre os problemas processuais manifestados pela sujeição passiva do ente coletivo, analisaram-se os mais relevantes sob a perspectiva do direito à ampla defesa: denúncia, citação, aplicação dos institutos da transação penal e suspensão condicional do processo, interrogatório, aplicação de pena e cabimento de ações impugnativas autônomas. / The scope of the present study was to analyze the imputation of environmental crimes to legal entities under the constitutional right of defense, considering the lack of discipline in Law 9.605/98 and generic references to the Criminal and Criminal Procedure Codes. The presentation of the theme under study has been divided into two parts, from the perspective of criminal law (Chapters 1 and 2) and criminal procedural law (Chapters 3 and 4). Such division is justified by virtue of the relationship established between the two branches, which maintain a mutual functional complementariness and, simultaneously, hold tension spaces among themselves. Based on this finding, the expansion of criminal law from the perspective of the risk society was then analyzed. Thereafter, the present study focused on how Law 9.605/98 had incorporated such expansion trends, by studying the concept of legal right, abstract danger crimes and the ancillary use of administrative law and principles. After having delimited the influence of risk society under environmental criminal dogmatic, the study aimed at the criminal liability of legal entities, in order to understand how it was inserted in the legal system. Upon the analysis of the requirements set forth for the criminal liability of legal entities, the study presents the difficulties related to adapting the traditional concepts of action and guilt to the legal entity, since they were traditionally forged under an individual perspective. It was shown that such difficulties may lead to the filing of generic complaints, circumstance that infringes Article 41 of the Criminal Procedure Code. Moreover, the study highlighted that new analyzes of collective criminal liability derive from the overcoming of some traditional ontological patterns of the crime theory, under a normative perspective. The conclusions reached in the first part were then applied to the second part of the dissertation, from the analysis of the right of defense and imputation. From our standpoint, the right to broad defense to its full extent is guaranteed to the legal entity. Among the procedural problems related to the criminal liability of legal entities, the most relevant under the perspective of broad defense were herein addressed: complaint, summons, application of institutes such as plea bargaining and probation of the lawsuit, interrogatories, imposition of penalty and suitability of autonomous objection lawsuits.

The main goal of the thesis is to answer the question, whether the current Czech criminal legislation enables effective punishment of serious environmental offences and ensures the enforcement of rules on environmental protection in a more efficient way than administrative sanctions. Protection of the environment through the criminal law can be traced in the Czech Republic back to 1980s. However, criminal law has until now played only marginal role in the sanctioning of offences against the environment. Majority of environmental offences are prosecuted in administrative procedures. Since 1990s the international community and later also the EU have discussed the need to pursue a harmonised criminal policy aimed at the protection of the environment. In case of serious environmental violations criminal law penalties are perceived as a more effective and appropriate measure than administrative penalties. Despite the fact that most of the potentially harmful activities are strictly regulated by both EU and national environmental law, environment continues to be threatened by pollution and excessive exploitation and environmental rules are being breached. The most serious environmental crimes are related to waste management, trade in endangered fauna and flora species and discharge or emission of...

The Question of Self-induced Insanity The aim of this thesis is to cover the question of self-induced insanity in its complexity. The thesis is divided into eleven chapters, in which this part of criminal law is analysed. The topic of criminal liability of insane offenders (even those insane due to their own conduct) represents an interesting part of criminal law. One of the main reasons is the fact that the solution to the problem of criminal liability of insane offenders can lead to the breach of one of the main principles of criminal law - the principle of culpability - on one hand, or to the failure of one of the main functions of the criminal law - the protection of society and its interest and values against the most dangerous conduct prohibited by the law - on the other. The text is concerned mainly with the current legal arrangement of self-induced insanity in the Czech Republic. The legal arrangement in effect adopted the theoretical concept of a special criminal offense and a full criminal liability for the actio libera in causa construction. These provisions deal with situations, where the offender through the voluntary application of addictive substances caused his own insanity and in this state committed an act which would constitute a crime were it not for the absence of the...

Criminal liability in medical law This diploma thesis deals with a criminal liability in medical law, especially with a criminal liability of providers of healthcare, which are not only individuals, but also legal entities. This thesis also compares Czech criminal and medical law with criminal and medical regulations in the Russian Federation. The thesis itself is divided into three chapters, which are subdivided into several sections. In the first chapter the criminal liability in medical law is analysed generally. It concerns general aspects of criminal liability, possible crimes, conditions under with healtcare services may be provided without any criminal sanction and other types of liability in medical law, such as civil, labour, administrative and disciplinary liablities. It introduces into criminal law and medical law in the Russian Federation. The second chapter defines providers of healthcare and shows those providers as possible subjects of criminal liability. It also describes the system of healthcare in the Czech Republic and compares it with the extensive system of healthcare in Russia. The criminal liability of legal entities is presented in chapter three. The Czech legislation from the year 2016 regarding the criminal liability of legal entities is discussed in consideration of...

Indirect perpetration Abstract This diploma thesis deals with the institute of indirect perpetration. First it mentions its historical development, since the acceptance of indirect perpetration was inconsistent in earlier times. Now the principle of accessory criminal liability of the participant applies in our country, and the participant can be criminally liable only if the perpetrator is criminally liable. Back then the opposite principle was applied, namely the principle of independence of the participation. Indirect perpetration was not necessary and was only accepted by such authors who recognized it as another specific form of perpetration. Participation, especially instigation and organization, is very close to indirect perpetration. The indirect perpetrator or a participant, do not fulfil the elements of the offence by their own activity, but they contribute significantly to it. The major difference between them is what person they are instigating. If the person is fully criminally liable and commits the offence intentionally, it is participation, if not, it is indirect perpetration. An indirect perpetrator must be aware that he uses a person that is not criminally liable or at least not criminally liable for specific offence. In addition, he must have the intention to commit his offence through...