12. Summary of Master's degree thesis in English Insurance fraud In my Master's degree thesis I was dealing with insurance fraud. Insurance fraud is no doubt as old as insurance itself and has been considered as part of the insurers trade risk. However, it has lately grown in importance until it has become at treat to the soundness of insurance markets. In the Czech republic, this situation has led to the adoption of legislative amendments in 1997, inserting a new section, § 250a , specifying insurance fraud, into the Criminal Code. Insurance fraud was one of the main topics of work section of insurance fraud in czech bureau of insurance. After that situation has changed. Bodies active in criminal proceedings started take this problem more seriously. People began to become aware of the seriousness of the problem. Especially how much it costs. In the beginning of my thesis I present motives to me to keep writing it and briefly describe the contents of individual chapters of the thesis. In the second part, I return to the circumstances in which the merits of the Act No. 140/1961 Coll., and briefly describe the changes as facts, which brought a new criminal code. The third part is focused on buildings criminal insurance fraud. In particular, describe in detail the various merits of individual buildings...

The purpose of my thesis is to analyse two issues arising out of the European and Czech competition law provisions prohibiting agreements which restrict competition. First, I shall examine the issue of distinction between prohibited agreements and allowed unilateral conduct. Furthermore, I shall explore the definition of the concerted practice as interpreted by the Court of Justice of the European Union and Czech administrative courts focusing again on the distinction between such practice and unilateral conduct. Second, I shall elaborate on the structure of Article 101 TFEU. As a consequence of the "more economic approach" taken by the Commission and the repeal of the individual exemption system under Article 101(3) TFEU, the distinction between the concept of object offences and the concept of effect offences is slowly disappearing while having detrimental implications for legal certainty. Moreover, the conceptual distinction between considerations of ancillary restraints under Article 101(1) TFEU and consideration of pro-competitive and anti-competitive effects under Article 101(3) TFEU is slowly disappearing as well. The economics take their role in the assessment, and that is also the reason why I chose this topic because I am interested in the overlap between law and economics. My thesis is...

The Criminal Act, No. 140/1961 Sb., was amended many times during its effectiveness. The amendments reacted mostly to the actual needs given by changes of crime development. During the 1990s it became obvious that these changes could not be sustainable for the future. Recodification of criminal law was prepared, and finally approved by the Parliament of the Czech Republic. The new Criminal Act came into force on 1st January 2010. The purpose of my thesis is to analyse the concept and classification of offences in the new Criminal Act. The thesis consists of eight chapters, each of them dealing with different aspects of the concept and classification of offences. Chapter One is an introduction briefly explaining the need for the new Criminal Act. The introduction also includes a short outline of the thesis. Chapter Two defines basic terminology used in the thesis (the definition of an offence, the concept of an offence and the classification of offences). Chapter Three examines the historical development of the concept of an offence and categories of offences. This chapter focuses on the Austrian Criminal Act 1787, the Austrian Criminal Act 1803, the Austrian Criminal Act 1852, draft bills of the Criminal Acts 1926 and 1937, the Criminal Act 1950 and the Criminal Act No.140/1961 Sb. Chapter Four...

Resume Title of this thesis: Proceedings for administrative infractions in the first instance. The thesis deals with administrative infraction proceedings in the first instance, mainly about the steps of administrative office before instituting the administrative proceedings. It is based on the new scholarly literature, incorporates new judicature and takes account of methodologies of Ministry of the Interior and practical problems. In the chapter I there are defined administrative infraction proceedings, its relation to Administrative proceedings Act and the infraction and there is also described the basic character of the proceedings for administrative infractions in the first instance. In the chapter II there is described competence of administrative office in administrative infraction proceedings, namely subject-matter jurisdiction, local jurisdiction and function competence. It deals with the changes of these competences too. Furthermore, in this context the thesis deals with professional competence of persons in authority and with contracts under public law. In the last part there are mentioned the reasons for exclusion of administrative persons, above all from bias. In the chapter III there is explained the purpose of steps before instituting the administrative proceedings. First, it describes the...

1 The Issues of Juvenile Criminal Justice The Abstract This Master's degree thesis named "The Issues of Juvenile Criminal Justice" focuses on the issues of proceedings in the matters of children under the age of fifteen according to title third of the Act No. 218/2003 Coll. on the Responsibility of Juveniles for illegal Acts and on the Justice of Youth (hereinafter "ZSM"). These proceedings are unlike any other in that regard that although they are civil, they can't deny their penal aspect since they deal with the other offences, the acts which posses every element of a crime except for the fact that they were committed by someone not criminally liable. These proceedings are yet to be thoroughly examined by law literature or any other thesis and their statutory regulation itself is quite brief, that is despite the complexity of said issues. The first introductory chapter defines several basic concepts of these proceedings, such as "the child under the age of fifteen" or "other offence." Then, the ZSM is covered. This act is naturally crucial for the issue, though his relations to general civil and penal regulation must be explained. In the second chapter, called "Historical context," some key historical milestones are remembered, with the focus on Act No. 48/1931 Coll. on the Penal Justice System of the...

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2017-01-10T11:28:25Z No. of bitstreams: 1 Ricardo Camarotta Abdo.pdf: 1138723 bytes, checksum: 4a33cab6fb873cc90f5c9f418ea5dd31 (MD5) / Made available in DSpace on 2017-01-10T11:28:25Z (GMT). No. of bitstreams: 1 Ricardo Camarotta Abdo.pdf: 1138723 bytes, checksum: 4a33cab6fb873cc90f5c9f418ea5dd31 (MD5) Previous issue date: 2016-12-05 / The present dissertation aims to analyze the institute of the leniency agreement, as established in the Law nº 12.846, of August 1, 2013, also known as the Brazilian Clean Company Law, and its framework as a contemporary measure of the public administration by consensus, not mandatory. For such purpose, we will initially analyze some basic concepts to establish assumptions for the development of this work. Later on, we will analyze the Clean Company Act Law as a whole. Finally, and doing so, we will focus on the analysis of the leniency agreement encompassing its main aspects and controversial issues linked to the institute / O objetivo desta dissertação é analisar o instituto do acordo de leniência, previsto pela Lei nº12.846, de 1º de agosto de 2013, também denominada de Lei Anticorrupção Brasileira, bem como o seu enquadramento como uma modalidade de atuação contemporânea da Administração Pública de forma consensual, não imperativa. Para tanto, analisaremos, inicialmente, noções fundamentais necessárias ao estabelecimento de premissas para o desenvolvimento deste trabalho. Posteriormente, será feita uma contextualização da Lei Anticorrupção e, por fim, adentraremos à análise do acordo de leniência, com foco em seus principais aspectos e questões polêmicas inerentes ao tema

In an attempt to eradicate biases in substantive law and evidentiary procedures, legislative changes were implemented for sexual offences in 1983. Historically, biases in rape law had resulted in high attrition of cases at each stage of criminal justice processing, low conviction rates, and poor treatment of victims. The new legislation, which included the introduction of the offence 'sexual assault', was designed to emphasize the violent nature of sexual aggression rather than the sexual nature.<p> Law reform, however, is influenced by the response of the criminal justice personnel who must implement the new legislation. Judges are critical personnel within this framework because they both implement the reform in individual court cases and interpret the meaning of the new law. It is critical, therefore, to examine judicial understanding of the social, political, and economic meaning of the law, and more specifically, to examine their understanding of the nature of sexual violence.<p> Using a content analysis of 109 'remarks at sentencing', this study examines the impact of the 1983 reform on judicial definitions of sexual violence. The sentencing 'transcripts' are drawn from 66 sexual offence cases heard at the Court of Appeal for Saskatchewan between 1975-1988. Transcripts are analyzed for the absence or presence of references to each of 9 themes (violence, coercion, physical impact of the offence on the victim, psychological impact of the offence on the victim, breach of trust, the significance of penetration, the accused's criminal history, the role of alcohol or drug abuse, and the accused's control over his sexual drive). Each theme reflects an influential variable in judicial decision-making concerning sexual offences.<p> The results of the study indicated that since 1983,frequently and suggest that judges are attempting to reflect the 3 tier classification of sexual assault outlined in the new legislation. At the same time, however, judicial definitions of these variables continue to reflect stereotypes and myths associated with sexual violence. Judicial responses to sexual violence tend to minimize the culpability of sexual offenders and to minimize the seriousness of the offence. One of the most significant findings was that the 'sexual' element continues to dominate judicial definitions of sexual aggression rather than the 'violent' element. This emphasis implies that 'coercive' sexual acts have the same sexual character as 'consensual' sexual acts.<p> It appears, therefore, that the reform has been unsuccessful in meeting its objectives at the judicial level. However, the small change which has occurred may lay the groundwork for further change in the future.

In an attempt to eradicate biases in substantive law and evidentiary procedures, legislative changes were implemented for sexual offences in 1983. Historically, biases in rape law had resulted in high attrition of cases at each stage of criminal justice processing, low conviction rates, and poor treatment of victims. The new legislation, which included the introduction of the offence 'sexual assault', was designed to emphasize the violent nature of sexual aggression rather than the sexual nature.<p> Law reform, however, is influenced by the response of the criminal justice personnel who must implement the new legislation. Judges are critical personnel within this framework because they both implement the reform in individual court cases and interpret the meaning of the new law. It is critical, therefore, to examine judicial understanding of the social, political, and economic meaning of the law, and more specifically, to examine their understanding of the nature of sexual violence.<p> Using a content analysis of 109 'remarks at sentencing', this study examines the impact of the 1983 reform on judicial definitions of sexual violence. The sentencing 'transcripts' are drawn from 66 sexual offence cases heard at the Court of Appeal for Saskatchewan between 1975-1988. Transcripts are analyzed for the absence or presence of references to each of 9 themes (violence, coercion, physical impact of the offence on the victim, psychological impact of the offence on the victim, breach of trust, the significance of penetration, the accused's criminal history, the role of alcohol or drug abuse, and the accused's control over his sexual drive). Each theme reflects an influential variable in judicial decision-making concerning sexual offences.<p> The results of the study indicated that since 1983,frequently and suggest that judges are attempting to reflect the 3 tier classification of sexual assault outlined in the new legislation. At the same time, however, judicial definitions of these variables continue to reflect stereotypes and myths associated with sexual violence. Judicial responses to sexual violence tend to minimize the culpability of sexual offenders and to minimize the seriousness of the offence. One of the most significant findings was that the 'sexual' element continues to dominate judicial definitions of sexual aggression rather than the 'violent' element. This emphasis implies that 'coercive' sexual acts have the same sexual character as 'consensual' sexual acts.<p> It appears, therefore, that the reform has been unsuccessful in meeting its objectives at the judicial level. However, the small change which has occurred may lay the groundwork for further change in the future.

The crime of torture and other inhuman and cruel treatment Abstract This master thesis concerns itself with a concept of torture and other cruel, inhuman or degrading treatment or punishment and how is this concept perceived through the international, regional and last but not least national system of law. Not to mention particular efforts aiming at the eradication of torture and other forms of ill treatment in the context of all the systems of law mentioned above. At the very beginning I am trying to deal with very specific historical approaches towards the torture and other forms of ill treatment themselves. Through this I am trying to provide for more comprehensive view on the given problematics as well as better understanding of why are torture and other forms of ill treatment still subject to controversy. Following chapter is dedicated to legal anchoring of the prohibiton on torture and other forms of ill treatment, especially within the international and regional system of law including particular attempts to define torture and other cruel, inhuman or degrading treatment throughout these systems mentioned above. Next chapter concerns itself with the conception of prohibiton on torture and other forms of ill treatment as a part of the system of fundamental human rights and freedoms followed by thorough...

The personal character of economic crime offender Economic crime is one of serious and frequently latent offences. Taking into account the character of offenders, the exposition of this crime is difficult and time-consuming. The range of causes, on which economic crime is based, is wide. From the global viewpoint, what is important is the change of population mentality towards consumerism, the increase of unemployment, economic crisis and a grest number of other causes that affect this situation. These crimes with a grave social appeal are in many cases caused by a well-situated and university educated upper class citizens with a good grasp of the relevant economical and judicial matters, i.e. Citizens that are not be expected to behave in this anti-social way. The aim of my diploma thesis is to create an overview, to describe, clarify and formulate in a certain way the character of economic crime offender. Closely connected to this topic are the definitions of several conceptions from these points of issue. This diploma thesis is divided into a theoretical part (with a partial overview of the development of criminal law No. 140/1961 Coll.) focused on the field of criminal law. The practical part studies the assessment and evaluation of the questionnaire method and the creation of result based on these facts. The aim of this work is to provide the reader or any person interested in this topic with the basics of economic crime and with a list of related books for additional information. Resulting from aims of this work and from the study of professional literature and statistical data, the following hypothesis was established: {\clqq}Economic crime offender is a well-situated citizen`` and {\clqq}Higher level of education results in higher ingenuity of the offence and, consequently, in higher damage caused by the offence.`` A conclusion based on questionnaire evaluation was reached and the resulting facts claim that in most cases is economic crime connected with offender´s business or working activities. Although it was partially confirmed that these offenders are usually intelligent and they tend to have at least higher education, at the same time it seems evident that economic crime is not only a field for this kind of offender. A substantial part of thes offenders has acquired its education through formal economic qualification while doing business and, at the same time, it has become evident that great losses can be caused by offenders with a lower level of education.