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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.
21

Kriminologické faktory kriminality páchané právnickými osobami / Criminological factors related to crime of legal entities

Freimannová, Anna January 2017 (has links)
This thesis analyses criminological factors related to crime of legal entities. Criminal liability of legal entities has not been a subject of such extensive research as criminal liability of natural persons, let alone criminology of crime of legal entities - the origins of this field first appeared in the first half of 20th century, when the criminologist E. H. Sutherland introduced and described a white-collar crime phenomenon. Crime of legal entities is an up-to-date issue, being a phenomenon of a considerable danger and it is desirable to make it a subject of a comprehensive research in order to find the most suitable prevention or an adequate reaction to that crime. Understanding criminological factors related to crime of legal entities can help to prepare matching provisions which can serve as an efficient tool for prevention of and response to this type of crime. This thesis is divided into four chapters. The first one addresses the crime of legal entities in general - it describes the historical evolution of crime of legal entities in the Anglo-American judicial system and its variations in the continental judicial system. After that is presented the history of legal regulation in Czech Republic and its current state. The second chapter discusses the criminological factors related to crime...
22

Compliance managment systém jako nástroj exkulpace z trestní odpovědnosti právnické osoby / Compliance management system as a tool for exclusion of legal entities from criminal liability

Machková, Veronika January 2021 (has links)
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...
23

Extrakce vztahů mezi entitami / Entity Relationship Extraction

Šimečková, Zuzana January 2020 (has links)
Relationship extraction is the task of extracting semantic relationships between en- tities from a text. We create a Czech Relationship Extraction Dataset (CERED) using distant supervision on Wikidata and Czech Wikipedia. We detail the methodology we used and the pitfalls we encountered. Then we use CERED to fine-tune a neural network model for relationship extraction. We base our model on BERT - a linguistic model pre-trained on extensive unlabeled data. We demonstrate that our model performs well on existing English relationship datasets (Semeval 2010 Task 8, TACRED) and report the results we achieved on CERED. 1
24

Patterns of use of referring expressions in English and Japanese dialogues

Yoshida, Etsuko January 2008 (has links)
The main aim of the thesis is to investigate how discourse entities are linked with topic chaining and discourse coherence by showing that the choice and the distribution of referring expressions is correlated with the center transition patterns in the centering framework. The thesis provides an integrated interpretation in understanding the behaviour of referring expressions in discourse by considering the relation between referential choice and the local and global coherence of discourse. The thesis has three stages: (1) to provide a semantic and pragmatic perspective in a contrastive study of referring expressions in English and Japanese spontaneous dialogues, (2) to analyse the way anaphoric and deictic expressions can contribute to discourse organisation in structuring and focusing the specific discourse segment, and (3) to investigate the choice and the distribution of referring expressions in the Map Task Corpus and to clarify the way the participants collaborate to judge the most salient entity in the current discourse against their common ground. Significantly, despite the grammatical differences in the form of reference between the two languages, the ways of discourse development in both data sets show distinctive similarities in the process by which the topic entities are introduced, established, and shifted away to the subsequent topic entities. Comparing and contrasting the choice and the distribution of referring expressions of the four different transition patterns of centers, the crucial factors of their correspondent relations between English and Japanese referring expressions are shown in the findings that the topic chains of noun phrases are constructed and are treated like proper names in discourse. This can suggest that full noun phrases play a major role when the topic entity is established in the course of discourse. Since the existing centering model cannot handle the topic chain of noun phrases in the anaphoric relations in terms of the local focus of discourse, centering must be integrated with a model of global focus to account for both pronouns and full noun phrases that can be used for continuations across segment boundaries. Based on Walker’s cache model, I argue that the forms of anaphors are not always shorter, and the focus of attention is maintained by the chain of noun phrases rather than by (zero) pronouns both within a discourse segment and over discourse segment boundaries. These processes are predicted and likely to underlie other uses of language as well. The result can modify the existing perspectives that the focus of attention is normally represented by attenuated forms of reference, and full noun phrases always show focus-shift. In addition, necessary extension to the global coherence of discourse can link these anaphoric relations with the deictic expressions over discourse segment boundaries. Finally, I argue that the choice and the distribution of referring expressions in the Map Task Corpus depends on the way the participants collaborate to judge the most salient entity in the current discourse against their common ground.
25

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

Rubešová, Jolana January 2014 (has links)
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...
26

Kdy může smlouva založit vztah ovlivnění nebo ovládání a jejich případné důsledky? / When can a contract constitute the relation of influence or control and their potential consequences?

Bodnar, Tomáš January 2014 (has links)
When can a contract constitute the relation of influence or control and their potential consequences? The aim of my thesis is the description of the regulation of group entities (with the exception of concern law) with emphasis on the possibility to establish such relationship by a contract. I am trying to prove that establishment of the relationship of influence and control is possible. I am further trying to prove that such situations are not common in practice. Controlling relationship established by a contract is even quite unique. Another aim of my thesis is to describe the legal consequences of group entities under the Act on Corporations, especially the compensation for damages. However I would also like to take into consideration other consequences of group entities within the Act on corporations.
27

Řízení o správních deliktech právnických osob / Proceedings for administrative delicts of legal entities

Hyldebrant, Pavel January 2014 (has links)
A heated debate was going on during the past few years among Czech lawyers concerning punishment of legal entities. It culminated as the law on criminal liability of legal entities and proceedings against them was passed. However, this has not solved all the problems of legal regulation of delicts committed by legal entities. The question of reform of administrative punishment remains relevant, although not urgent. The current legislation suffers certain defects, in particular its incompleteness, which has to be addressed in legal practice by using laws whose primary field of application lies elsewhere; those laws do not address all peculiarities of administrative punishment of legal entities. While the main discussion is centered on substantive law, proceedings for administrative delicts of legal entities deserve attention as well. My thesis is divided into four parts. The first part briefly outlines the historical development of the proceedings for administrative delicts of legal entities. The second part provides a brief overview of the current state of legislation, focusing on the sources of law. The third part deals with general principles of law relevant for proceedings for administrative delicts of legal entities, especially the right to a fair trial, as described in the Convention for the Protection...
28

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...
29

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...
30

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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